News
20 A: Decision on PM’s committee recommendations awaited
By Shamindra Ferdinando
The government should decide whether to accommodate recommendations made by a committee that studied the 20th Amendment to the Constitution presented by Justice Minister Ali Sabry, PC, to parliament yesterday (22), SLPP Chairman Prof. G.L. Peiris told a media briefing at the Battaramulla party office.
Prof. Peiris, who is also the Education Minister, said that the opportunity to express different opinions on the proposed 20th Amendment underscored the importance of following what the former law Professor called the democratic process.
Prof. Peiris said so when the media asked whether recommendations in respect of the 20th Amendment made by a 9 member committee appointed by Prime Minister Mahinda Rajapaksa would be accommodated by the government. The committee handed its recommendations and observations to the Premier on Sept. 15.
The committee headed by Prof. Peiris, consisted of Ministers Ali Sabry, Udaya Gammanpila, Nimal Siripala de Silva and Wimal Weerawansa, State Ministers, Susil Premjayantha and S. Viyalendran and MPs Dilan Perera and Premanath C. Dolawatta.
The SLPP Chairman acknowledged that acceptance of their recommendations was subject to government decision.
Minister Peiris said that rescinding the relevant gazette issued on Sept 12 to pave the way for a new gazette hadn’t been an option under any circumstances. Whatever the alterations acceptable to the government could be moved at the Committee Stage, the minister said.
SLPP National List lawmaker Gevindu Cumaratunga on Sept.13 told a media briefing at the Sri Sambuddha Jayanthi Mandiraya, Thunmulla, that the gazette would be rescinded to pave the way for a new draft. The claim was made close on the heels of Cumaratunga along with Manohara de Silva, PC, making representations to the President in respect of the 20th Amendment.
At the commencement of the briefing, Prof. Peiris said that the SLPP throughout its parliamentary poll campaign declared that the 19th Amendment would be largely abolished leaving those sections that needed approval at a referendum intact. Prof. Peiris emphasized that the SLPP retained those sections as the government didn’t want another countrywide referendum in the wake of presidential and parliamentary polls in Nov 2019 and August 2020, respectively.
Pointing out that 113 seats would have been sufficient to govern the country, Prof. Peiris explained the SLPP pushed a for two-thirds majority as the party knew what it was aiming at.
Reiterating the SLPP’s commitment to fulfill pledges given at both presidential and parliamentary elections, Prof. Peiris said that as long as the 19th Amendment remained President Gotabaya Rajapaksa wouldn’t be able to go ahead with his plans.
Prof. Peiris said that those opposed to the proposed 20th Amendment could move the Supreme Court within a week from the day the government presented it in parliament.
Minister Sabry presented it in parliament yesterday.
Prof. Peiris said that the Supreme Court, in terms of the Constitution, would have to rule on the 20th Amendment within three weeks. The SC’s decision would be made known to the President and the Speaker, Prof Peiris said, pointing out that the apex court’s responsibility in that regard was limited to the examination of the 20th Amendment’s constitutionality. The minister explained the SC would examine whether the 20th Amendment contained sections that required approval at a referendum.
Prof. Peiris said that the 20th Amendment was the responsibility of the entire government.
Commenting on diverse views on the proposed piece of legislation, Prof. Peiris said that the alterations could be made at the Committee Stage.
When the media pointed out that the proposed law would deliver a deadly blow to independent commissions due to the abolishing of the 10-member Constitutional Council, Prof. Peiris said that the appointing authority was to be replaced by a five-member Parliamentary Council. Prof. Peiris said that the move was meant to empower the President to make necessary appointments, in consultation with the Parliamentary Council, if necessary, to ensure that the commissions represented the true interests of the public.
Referring to the inclusion of civil society members in the Constitutional Council, Prof. Peiris questioned the absurdity in allowing those who hadn’t been elected to exercise powers of the President. One-time External Affairs Minister alleged that external elements, too, had been engaged in local exercises to undermine the Sri Lankan State.
The Minister dismissed the assertion that abolishing the 19th Amendment meant re-activation of the 18th Amendment. How could that be when the 20th included three key provisions, restriction of presidency to two terms and both president’s and the parliament term 5 years in line with the 19th Amendment.
News
Unions resist tripartite EPF management plan
… warn of dire consequences
A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.
The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.
“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.
“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.
“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.
“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”
“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.
“Objections to the government’s tripartite proposal:
1. The “International best practice and conflict of interest fallacies”
The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.
These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.
2. Corporate captivity and bailouts
It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.
3. Risk of front running
“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.
4. Unavoidable loopholes
“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”
News
Two arrest warrants issued for Gnanasara thera
The Colombo High Court and Court of Appeal yesterday issued arrest warrants for the Bodu Bala Sena general secretary Galagoda Aththe Gnanasara in a case involving an alleged statement insulting Islam.
The arrest warrants were issued on Tuesday and Wednesday. The Court of Appeal issued an open warrant two weeks after the court rescinded the presidential pardon granted to the thera when he was serving a six-year term for contempt of court.
The Appeals Court also imposed a travel ban on the monk and ordered that the Controller General of Immigration and Emigration be informed of the restriction.
The case was taken up before Colombo High Court Judge Buddhika C. Ragala. Gnanasara Thera was not present when the case was called.
A medical report was submitted stating that Thera was unwell, while his sureties also failed to appear before court. His counsel, Asoka Weerasuriya, told court that his client wished to bring the case to an early conclusion and that representations had been made to the Attorney General in that regard.
However, after considering the submissions, the High Court judge said he was not satisfied with the medical report submitted on behalf of the accused. The court also noted the failure of the sureties to appear.
The judge subsequently ordered that Gnanasara Thera be arrested and produced before court.The Attorney General filed the case under provisions of the Penal Code, alleging that remarks made by Gnanasara Thera concerning the Holy Quran amounted to an insult to Islam.
News
CA dismisses GR’s writ petition against arrest
A two-member bench comprising Court of Appeal President Justice Rohantha Abeysuriya and Justice Sarath Dissanayake yesterday (1) dismissed a writ petition filed by former President Gotabaya Rajapaksa seeking judicial intervention to prevent his arrest under the Prevention of Terrorism Act (PTA) in connection with the ongoing investigations into 2019 Easter Sunday terror attacks.
The writ petition was rejected in limine.
In the petition, the former President cited Inspector General of Police Priyantha Weerasooriya, Criminal Investigation Department (CID) Director Shani Abeysekera, the Officer-in-Charge of the CID’s Special Investigations Unit and the Attorney General as respondents. The ex-President sought the court intervention after the arrest of former head of the State Intelligence Service (SIS) retired Maj. Gen. Suresh Sallay over the Easter Sunday attacks.
Since then , former Director of Directorate of Military Intelligence (DMI) has been named as a suspect.
Earlier, the Fort Magistrate’s Court imposed a travel ban on him in relation to investigations stemming from allegations made by Asad Moulana in the Channel 4 documentary on the Easter attacks.
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