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ASG: Constitution prohibits challenging appointments made by President

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Legal challenge to CBSL Governor’s appointment

By Chitra Weerarathne

All parties, mentioned in the case filed by former governor Keerthi Tennakoon, against the appointment of Ajith Nivard Cabraal as the Governor of the Central Bank, were given time till next Tuesday (12 October) to file written submissions.

President’s Counsel Maithri Guneratne appearing for the petitioner Tennakoon, told the Court of Appeal yesterday that Cabraal had wasted Rs. 10.4 billion of public money as the Governor between 2006 and 2015. Guneratne added that Cabraal’s relatives had been appointed to state and private banks.

Additional Solicitor General Nerin Pulle, President’s Counsel appearing for the Attorney General said that the petition filed by Tennakoon against the appointment of Cabraal was an attempt at misinterpreting facts and law. Cabraal had been appointed by the President. Article 35 of the Constitution of Sri Lanka, prevented anyone challenging it. ASG Nerin Pulle wanted the petition dismissed in limine. Romesh de Silva, President’s Counsel, appeared for the third respondent Ajith Nivard Cabraal. He said the petitioner had no locus standi.

The petition has said a forensic audit report had revealed that between 2006 and 2015, the Central Bank had incurred a loss of Rs. 10.5 billion.

During that period Cabraal was the Governor of the Central Bank. Tennakoon has demanded the appointment of Cabraal be quashed by a Writ of Certiorari. Tennakoon also wants the court to prohibit Cabraal from functioning as the Governor by a Writ of Prohibition and a Writ of Mandamus.

Maithri Guneratne, PC, appeared with Shiral Lakthilake, Ashan Nanayakkara, Mohammed Shariffdeen and Charitha Guneratne. The Court of Appeal bench comprised Justice Sobitha Rajakaruna and Justice Dhammika Ganepola.



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Cabinet approves recognition of ‘Sri Lanka National Export Development Plan – 2026–2030’

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The Cabinet of Ministers has approved the resolution furnished by the Minister of Industries and Entrepreneurship Development to recognize the “Sri Lanka National Export
Development Plan – 2026–2030” as the official strategic framework for export development and promotion of exports in Sri Lanka.

The Sri Lanka Export Development Board, in collaboration with public and private sector stakeholders connected to the export sector, has formulated the National Export Development Plan 2026–2030 by obtaining technical assistance under the Policy-Based Lending Programme of the Asian Development Bank.

The aforementioned Plan provides a comprehensive strategic framework to guide and monitor Sri Lanka’s export development process, with the target of earning US$ 36 billion in foreign exchange through the export of goods and services by the year 2030

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Cabinet nod to accept the Global Charter for Children’s Care Reform for Sri Lanka

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The Cabinet of Ministers has approved the resolution furnished by the Minister of Women and Child Affairs to accept the Global Charter for Children’s Care Reform for Sri Lanka.

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Cabinet grants policy approval to amend the Consumer Affairs Authority Act, No. 9 of 2003

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Approval has been granted by the Cabinet of Ministers on  several earlier occasions to amend the Consumer Affairs Authority Act No. 9 of 2003.

In accordance with the approval granted at the Cabinet
meeting held on 2023-05-02, the Legal Draftsman is currently in the process of preparing the relevant amended Bill, and the Legal Draftsman has informed that it would be appropriate to obtain policy approval from the present Cabinet of Ministers for that purpose.

Accordingly, taking into consideration the necessity of restructuring the Consumer Affairs Authority too, the Cabinet of Ministers has approved the resolution furnished by the Minister of Trade, Commerce, Food Security and Cooperative
Development to instruct the Legal Draftsman to expeditiously complete the preparation of the relevant Bill to enable the amendment of the Consumer Affairs Authority Act, No. 9 of 2003.

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