News
Minister Sabry reveals massive transformation taking place in the entire justice system
By Saman Indrajith
Justice Minister Ali Sabry said, on Thursday, that a massive transformation of the whole justice system was underway with full-time sub-committees on Criminal Law reforms, Civil Law reforms and Commercial Law reforms while working hard whilst another committee of experts was drafting the new Constitution.
The Minister said so at the the Ministerial Consultative Committee on Justice on the transformation of the Criminal Justice System.
The discussion on community-based correction was set in motion following the presentation by Assistant Secretary General of Parliament and former Justice Official Tikiri K. Jayathilake. The Assistant Secretary General addressing the committee said that Criminal Law and the notion of justice were entwined and it was important to extricate an individual into society as a responsible citizen rather than labeling them as criminals.
Assistant Secretary General of Parliament Tikiri K. Jayathilake said the above objective could be achieved by the Consultative Committee via two tiers; one being, the political tier, inclusive of the political leadership that would drive towards the requisite reforms. The second tier included officials and professionals representing various fields who would contribute their expertise towards the creation and development of relevant reforms.
Minister Ali Sabry said that it was the intention of the Ministry to involve everyone who was willing to contribute to the decision-making process for betterment. Furthermore, the Minister pointed out that before COVID-19 and under normal circumstances, there were approximately 30,000 to 33, 000 in prisons, whereas the capacity is only 11,000.
The vast majority were remand prisoners, whilst only an approximate number of 8000 were convicts. Ninety percent or more in remand prison were drug addicts and not drug related criminals, the Minister pointed out.
When called for the 2018-2019 statistics from the Government Analyst’s Department, the Minister explained that only 114 cases were in possession of the pure quantity of drugs. He stated that 99% of those who were arrested, which is approximately 3300 in number, were only in possession of 2-5g of drugs. Weighing on the gravity of the situation, the Minister explained how large-scale drug criminal cases had stagnated as the High Courts have been clogged by minor cases as mentioned.
Minister Sabry said that rehabilitating such individuals through community-based correction was important rather than allowing them to mingle with large scale drug criminals paving way for the conversion of a drug victim into a drug related criminal.
State Minister of Prison Management and Prisoners’ Rehabilitation Lohan Ratwatte said that 250 acres had been given by the UDA and measures had been taken to relocate the prisons from commercial areas such as the Welikada Prison, Women’s Prison, Magazine New Remand Prison to Horana in order to increase the capacity by 10 folds in comparison to the existing 38.5 acres in Welikada.
Expressing his views State Minister Susil Premajayantha said that there was a considerable delay in receiving the Government Analyst’s Report which caused a delay in Court hearings. The Minister of Justice acknowledged the same and stated that respective measures had been taken towards resolving the matter.
MP Weerasumana Weerasinghe said that it was mandatory to include subjects related to Law, Crime and conviction into the school syllabus as children should be educated in that regard from an early age. State Minister of Education Reforms, Promotion of Open Universities and Distance Learning Susil Premajayantha as well as the Minister of Justice stated that the matter would be looked into and measures would be taken to incorporate legal education into the school curriculum.
The MP also requested to consider the need of having a separate mechanism in the execution of Law when it came to children as it affected their future and their development into adulthood.
In response to a concern raised by MP Gevindu Kumaratunga regarding the attempt to conduct Law College examinations in English as a mandatory requirement, the Minister of Justice explained that such decisions were taken by the Council of Legal Education. The Minister affirmed that the new reform had no effect upon Law entrance examination and it would be held as usual in all three languages. Adding to the same, the Minister explained that such measures had been taken to cater to the demands of the field and to improvise on the quality of legal education and practice.
State Minister Lohan Ratwatte, State Minister Susil Premajayantha and MPs such as Weerasumana Weerasinghe, Gajendrakumar Ponnambalam, Sagara Kariyawasam, Udayana Kirindigoda, Madhura Vithanage, Charles Nirmalanathan and Gevindu Kumaratunga marked their presence at the Ministerial Consultative Committee on Justice chaired by the Minister of Justice Ali Sabry.
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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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