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Speaker says courts have no jurisdiction as regards DDR resolution passed by Parliament
By Saman Indrajith
Speaker Mahinda Abeywardena, giving a ruling on parliamentary privileges yesterday, said that courts had no jurisdiction to intervene in the domestic debt restructuring resolution that had been passed in Parliament.
Speaker Abeywardena said that no court established under the Constitution of Sri Lanka was empowered to issue orders or judgments of any nature against a resolution already passed by Parliament.
The Speaker gave this ruling in response to a privilege issue raised on Tuesday by Minister Harin Fernando, who requested the Speaker to deliver a ruling on whether the petitions already filed in court against the resolution on domestic debt restructuring was a violation of the privileges of MPs and the legislature itself.
The Speaker said: “Article 4 (C) of the Constitution of the Democratic Socialist Republic of Sri Lanka provides that ‘the judicial power of the People shall be exercised by Parliament through courts, tribunals and institutions created and established, or recognized, by the Constitution, or created and established by law, except in regard to matters relating to the privileges, immunities and powers of Parliament and of its Members, wherein the judicial power of the People may be exercised directly by Parliament according to law.’
“I also emphasise that according to Article 148 of the Constitution Parliament shall have full control over public finance. No tax, rate or any other levy shall be imposed by any local authority or any other public authority, except by or under the authority of a law passed by Parliament or of any existing law.
“I wish to announce firstly, that the Cabinet of Ministers unanimously approved the Domestic Debt Optimization programme proposed by the Ministry of Finance, Economic Stabilization and National Policies at a special Cabinet meeting held on 28.06.2023. Afterwards the resolution for the implementation of the Domestic Debt Optimization to restore sovereign debt sustainability was approved by the Committee on Public Finance of the Parliament by a majority of Committee Members at the Committee meeting held on 30th June 2023.
“Thereafter as the subject matter contained in the said resolution is essentially a matter of public finance, the Resolution for the implementation of the Domestic Debt Optimization to restore sovereign debt sustainability, was passed by a majority vote in Parliament on the 01st of July 2023 with 122 Members voting in favor and 62 against.
“As the resolution for the implementation of the Domestic Debt Optimization to restore sovereign debt sustainability has now been passed by Parliament on 01.07.2023, the resolution is beyond the jurisdiction of the Supreme Court or any other court established under the 1978 Constitution of Sri Lanka and cannot be questioned and/or reviewed and/or challenged.
“The ruling given on 20th June 2001 by the Anura Bandaranaike, Speaker of Parliament held in unequivocal terms that Parliamentary proceedings cannot be called into question and/or interfered and/or intervened by the Courts and held that the Supreme Court had no jurisdiction to issue the interim orders restraining the Speaker of Parliament in respect of the steps he is empowered to take under Standing Order 78A; and the interim order of the Supreme Court is not binding and of no legal obligation to comply.
“Hence, no court established under the Constitution of Sri Lanka is empowered, to issue orders or judgments of any nature against a resolution, already passed by Parliament having followed the due Parliamentary process, and any such order or judgment of courts would amount to a violation of item 01 of Part B of Parliament (Powers & Privileges) Act, No. 21 of 1953 (As amended).”
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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.”
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