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BASL: If 21A fails, that will adversely affect future law reform initiatives
… adequate checks and balances in place
The Bar Association of Sri Lanka has warned the government and all political parties represented in parliament that if the 21st Amendment (presented to Parliament as the 22nd Amendment to the Constitution Bill) fails to create strong independent institutions, it will have a bearing on future law reform initiatives such as the proposed composite Anti-Corruption law. The following is the full text of the BASL statement: “The Bar Association of Sri Lanka (BASL) notes that on the 21st of October 2022, Parliament approved the enactment of the 22nd Amendment to the Constitution, which has now been renamed as the 21st Amendment to the Constitution.
The Bill approved by Parliament was by and large that which was presented in Parliament on 10th August 2022 and published in the Gazette on 2nd August 2022 by the Government, subject to certain changes at the Committee Stage mainly to bring it in line with the determination of the Supreme Court.
The necessity to amend the Constitution arose as a result of the public outcry that sprung up throughout the country in response to the present economic crisis.It has been perceived that the causes of the crisis include, the lack of checks and balances on the powers of the Executive including the Executive Presidency.The 20th Amendment to the Constitution rolled back the checks and balances which were introduced by the 19th Amendment on the exercise of executive power.
The 21st Amendment to the Constitution regrettably does not completely restore the status quo ante which prevailed prior to the 20th Amendment to the Constitution and does not place adequate checks and balances on the powers of the Executive President.
The BASL in its previous statements on the 22nd Amendment Bill highlighted the shortcomings of the Bill and of the danger that the nominations of a majority of members to the Constitutional Council will be controlled by the party or parties in the Government, resulting in it lacking independence and consequently affect the independence and integrity of the offices and institutions to which appointments will be made through the Constitutional Council.
Nevertheless, now that the 21st amendment is enacted into law, it is essential that the Constitutional Council which is to be appointed thereunder and the Independent Commissions which will be reconstituted thereafter, be independent, impartial and be institutions which will help restore confidence in Sri Lanka and its Institutions.
As such the BASL calls upon the President, Prime Minister, the Speaker, the Leader of the Opposition, and all political parties represented in Parliament, to firstly ensure the integrity of nominations to the Constitutional Council and to ensure that such nominations are devoid of partisanship and in a manner that will inspire public confidence.For this purpose, it is important to ensure that the non-ex-officio members of the Constitutional Council appointed from among Members of Parliament and from among non-Members of Parliament be done in a transparent and open manner and to also ensure that those appointed will be acceptable to the members of the public and be persons of the highest integrity and reputation.
After the Constitutional Council is established, it should thereafter adopt a transparent, open, and inclusive process by which it nominates Chairpersons and members of Independent Commissions and other institutions established by the Constitution and other laws.It is also noted that upon the enactment of the 21st Amendment, the Chairpersons and members of Independent Commissions will cease to hold office upon these Commissions being reconstituted.
In doing so it is imperative that those appointed to the Election Commission, the Public Service Commission, the National Police Commission, the Human Rights Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission and the Delimitation Commission be persons who have not only the requisite qualifications and abilities but also be those whose appointments receive wide acceptance. It is equally important to ensure that the enactment of the 21st Amendment must not be used as an excuse or mechanism to discontinue Chairpersons and members of Commissions whose services helped establish public faith in such Institutions.
It is also vital for the Government to make provisions for the Commissions to have financial independence and that these Commissions adopt procedures that promote accountability and transparency in their work.Any failure of the 21st Amendment to address the issue of creating strong independent institutions in Sri Lanka will also have a bearing on future law reform initiatives, such as the proposed composite Anti-Corruption law, and will have an adverse impact on the Rule of Law in Sri Lanka
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CIABOC tells court Kapila gave Rs 60 mn to MR and Rs. 20 mn to Priyankara
USD 2.3 billion Airbus deal
The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) yesterday told the Colombo Magistrate’s Court that former SriLankan Airlines CEO Kapila Chandrasena had admitted delivering a total of Rs. 60 million in three instalments of Rs. 20 million each to the then President Mahinda Rajapaksa, and Rs. 20 million to Aviation Minister Priyankara Jayaratne. The funds were allegedly linked to the controversial Airbus aircraft deal.
Chandrasena, who was arrested on March 12 over bribery allegations connected to the deal, was further remanded until April 2 by Colombo Chief Magistrate Asanga S. Bodaragama. He was produced before court yesterday by prison officials.
Investigators say Chandrasena is accused of accepting a US$2 million bribe in the transaction and conspiring to secure a total of US$16 million. They also allege that €1.45 million was transferred to a bank account in Singapore.
Prosecutors told court that Chandrasena had created a shell company in Brunei in his wife’s name to channel the kickbacks into its Singapore account.
The case stems from a 2013 agreement in which SriLankan Airlines purchased 10 aircraft valued at US$2.3 billion. Court proceedings are ongoing.The court fixed the date for March 24 to consider evidence with regard to issue warrants for Priyanka Neomali Wijearatne and Shamindra Rajapaksa.
By AJA Abeynayake
News
Opposition moves no-faith motion against Energy Minister Kumara Jayakody
Opposition lawmakers yesterday handed over a no-confidence motion against Energy Minister Kumara Jayakody to Speaker Dr Jagath Wickramaratne over alleged irregularities in coal procurement, etc.
Chief Opposition Whip MP Gayantha Karunathilaka submitted the motion to the Speaker yesterday morning. It has been signed by Opposition Leader Sajith Premadasa, members of the SJB, and several other Opposition representatives.
The motion accuses the Minister of failing to fulfil his primary responsibility of ensuring the procurement of adequate and high-quality coal for the Lakvijaya Coal Power Plant at Norochcholai. It states that such negligence in managing a critical national energy asset amounts to a serious breach of ministerial responsibility.
It further notes that the Minister has been formally charged before the Colombo High Court by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) under Section 70 of the Bribery Act. The charge relates to an alleged act of corruption during his tenure as Procurement Manager of the Ceylon Fertiliser Company Limited.
The Opposition maintains that the combination of administrative failures and pending legal proceedings undermines the Minister’s ability to hold office, warranting a vote of no confidence.
By Saman Indrajith
News
NJC takes up cudgels on behalf of Sallay, who played pivotal role in combating terrorism
The National Joint Committee (NJC) has raised concerns over the arrest and detention of retired Major General Suresh Sallay, calling for due process and caution in handling sensitive national security matters.
Issuing a statement signed by Dr Anula Wijesundera, the NJC has said the former senior military officer served the country for decades in the armed forces and intelligence services during critical periods of the conflict against terrorism.
While acknowledging that all citizens are subject to the law, the Committee has stressed that due process, fairness and respect for institutions tasked with safeguarding national security must be upheld.
Full text of the statement: The National Joint Committee (NJC) expresses deep concern regarding the recent arrest and detention of Retired Major General Suresh Sallay under a detention order.
Major General Sallay served Sri Lanka for decades in the armed forces and in the intelligence services during some of the most challenging periods of our country’s struggle against terrorism.
While all citizens are subject to the rule of law, the NJC believes that due process, fairness, and respect for the institutions that safeguard national security must be upheld at all times.
Particularly troubling are reports that sensitive intelligence-related details, including references to intelligence structures and personnel, are being publicly discussed in ways that could compromise operational security. The exposure of intelligence methodologies or personnel in the public domain can place lives at risk and weaken the effectiveness of national security institutions.
Sri Lanka has already experienced the grave consequences of such actions in the past. The Millennium City incident in 2002 led to the exposure of intelligence operatives who had been working against terrorist networks. Following the disclosure of their identities, many of those officers became targets of retaliation by the LTTE, resulting in the tragic loss of numerous lives and the dismantling of critical intelligence networks at a time when the nation most needed them.
It is therefore imperative that lessons from that painful episode are not forgotten.
It is also important to recall that prior investigations and public records confirm that intelligence warnings regarding potential attacks were received in Sri Lanka before 21 April 2019. The tragic loss of life that followed was therefore not the result of an absence of intelligence, but rather the failure of responsible authorities to act effectively upon those warnings in time to prevent the attacks. The numerous Commissions and Committees have identified these individuals and recommended action against them.
Equally relevant to the current public discussion is the factual record that Major General Suresh Sallay was neither serving as the Head of the State Intelligence Service nor present in Sri Lanka at the time when the attacks took place.
The NJC urges all authorities involved in the present investigation to ensure that the legal process is conducted with the utmost professionalism, transparency, and responsibility, while safeguarding sensitive national security information.
At a time when Sri Lanka continues to face evolving security challenges, the morale and integrity of the armed forces and intelligence services must be protected. Public confidence in these institutions is essential to the safety and stability of the nation.
The National Joint Committee therefore calls upon all responsible stakeholders — including investigators, public officials, media institutions, and civil society — to act with caution and responsibility so that the pursuit of justice does not inadvertently undermine the very institutions entrusted with protecting the country.
Sri Lanka’s patriots must remain vigilant to ensure that the sacrifices made by our armed forces and intelligence officers are not disregarded, and that national security institutions are not weakened in ways that could endanger the country in the future.
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