Features
Domestic Debt Restructuring – An Alternate View
by Romesh Bandaranaike, Ph.D.
There have been substantial and wide spread criticisms of the recently instituted Domestic Debt Restructuring (DDR) scheme carried out by Central Bank of Sri Lanka (CBSL), to reduce the Sri Lanka Government’s requirements for funding. In this article I argue that the scheme, as structured and carried out by CBSL, is appropriate, given the ground realities in the country, and that the critics have ignored a number of factors which forced CBSL to design the scheme as it did. I then suggest additional steps the Government could take to further improve its financial position in connection with past Bond issues.
The DDR Scheme
Faced with massive shortfalls in revenue, the Government recently carried out a “restructuring” of the debts it owed on Sri Lanka Rupee denominated Treasury Bills and Bonds in an effort to substantially improve Government finances, including the funds needed to service these Bills/Bonds. The two key elements of the DDR are a) Converting all Treasury Bills presently owned by CBSL to longer term Treasury Bonds, thereby substantially delaying the payment dates on these Bills; and b) Effectively “forcing” the Employees Provident Fund (EPF) and other superannuation funds to exchange most of the Bonds they hold for 12 year Bonds with somewhat lower interest payments.
They did this by threatening to increase the tax rates that EPF pays on its annual income to 30% from the present 14%, if they did not accept the Bond exchange. Since such an increase was financially worse for EPF compared with the Bond exchange, EPF opted for the latter.
CBSL estimates that the scheme would reduce the Gross Financing Needs (GFN) of the Government by 1.5%, 1% by the CBSL Bill-Bond exchange and 0.5% by the EPF Bond exchange.
The Criticisms
The principal criticisms of the DDR, from the public, Trade Unions, Economic Think Tanks, and numerous “Experts,” is that the entire burden of the DDR is being placed on the backs of the retirement savings of “poor workers” who are the members of EPF.
CBSL has justified the proposed increase in the tax rates for EPF and other superannuation funds to 30% from the present 14% on the basis that the banks have to pay the higher tax rate of 30% plus VAT. Dr. Wijewardena, a former CBSL Deputy Governor, has written several articles criticizing CBSL for not presenting the correct picture in this regard and not disclosing full information on the impacts of the restructuring on EPF members’ returns. Dr. W’s main argument is that, in the case of the banks, the tax rate applies to “net interest”, whereas, in the case of the EPF, it applies to “gross interest.” For the banks, net interest is interest earnings on its loans less the interest it pays to depositors.
In the case of EPF, Dr. W points out that EPF is not allowed to subtract the interest it pays to EPF account holders to determine its income and tax liability, and that CBSL comparison of bank and EPF tax rates is therefore misleading. In a subsequent article by Dr. W, he criticizes CBSL/EPF for not fully disclosing the cost to EPF holders of accepting the proposed DDR compared with an increase in EPF’s tax rate to 30% and the justification for accepting the Bond exchange rather than the tax increase to 30%. He goes on to add that CBSL has a conflict of interest as both the developer of Government policy and as the administrator of EPF.
My Responses to the Criticisms
The criticism that the entire burden of the DDR is on the backs of workers is factually incorrect. As stated above, two-third of the 1.5% reduction in GFN (1%) is being achieved by exchanging the Treasury Bills held by CBSL for long term Bonds. Only 0.5% of the reduction is from the exchange of Bonds held by the EPF and other superannuation funds. In other words, 67% of the restructuring cost is borne by CBSL (in effect by all citizens), while only 33% is borne by EPF account holders. Furthermore, only workers in the formal private sector contribute to the EPF/ETF, while workers in the informal private sector (e.g. farmers, fishermen, small transporters, traders and construction workers) and Government employees do not.
As a result, only about 25-30% of the workers in the country have EPF accounts. Therefore, 70-75% of workers in the country will not suffer any burden due to the EPF bond restructuring. Finally, the workers with EPF accounts also include middle and senior management of companies who cannot be called “poor workers” as referred to in the various criticisms of the present DDR scheme. It is true that this category may only be a very small percentage of those holding EPF accounts. However, their account balances are likely to be very much higher than other EPF members and the impact of the restructuring on them will be proportional to these balances.
It would be ideal if the EPF could release statistics in this regard which will allow an assessment of this element. For example, the fraction of the total EPF funds held by those with EPF balances of over Rs 5 million (say), since such persons cannot be classified as “poor workers.” Workers who have balances in EPF/ETF, built up as a result of deductions from their salaries and additional higher contributions from their employers, at least have a retirement fund they can turn to, even if it is somewhat less because of the DDR. It could conceivably be argued that the 70-75% of workers who do not have such balances, mostly working in the informal sector, are worse off or poorer than those with EPF balances. This would be a justification for placing the burden of part of the DDR on EPF account holders rather than on other, even “poorer”, workers.
In response to Dr. W’s criticisms that EPF and bank tax rates are not comparable the way CBSL has done; each year, EPF determines a percentage it will pay/accrue to the account of each EPF account holder based on the earnings by the EPF that year. This percentage is not an interest similar to that paid by banks to its depositors and is not a cost that is deductible by EPF to calculate its tax liability each year. It is simply a percentage decided by the EPF administrators to allocate the profits after tax earned by the EPF during the year. Calling this percentage an “interest” is a misnomer. Account holders in EPF are akin to shareholders in banks and not depositors.
The amounts credited by EPF to a member’s account each year, based on EPF’s earnings during the year, is not a cost incurred by EPF in generating these earnings. It is something closer to a dividend paid by a bank to its shareholders in the form of additional shares. If EPF is allowed to determine its tax liabilities by subtracting these accrued amounts, banks should be able to deduct dividend costs in determining their tax liabilities. Dr. W’s criticism of the non-comparability of bank and EPF tax rates cannot be sustained.
Dr. W uses CBSL/EPF’s own numbers on the differences in returns under the two scenarios EPF has been offered and simply multiplies it by the total EPF Bond holding value to arrive at the cost to EPF of accepting the Bond exchange. This is something that could have readily been done by anyone and Dr. W’s implication that CBSL/EPF is hiding/not fully disclosing something in its statement cannot be sustained.
The CBSL/EPF analysis is simply to show that the return to EPF is better under the scenario where it accepts the DDR option, compared to rejecting the DDR option and being subject to a 30% tax rate. This information is more than sufficient for EPF to recommend to its Board that it should accept the DDR. Dr. W than goes into the past history of taxation rates applicable to the EPF and points out that as originally envisaged EPF earnings were to be tax exempt.
He shows calculations of the losses to EPF holders of the present DDR, compared with a situation if EPF earnings were tax exempt. This is a straw man put up by Dr. W to be knocked down as part of his criticism of CBSL/EPF. It is the tax rates that are applicable to EPF today, before the DDR, that are relevant and it would have been nonsensical for CBSL to show calculations based on what if the tax rates were those that existed many years ago.
With respect to the criticism that CBSL has a conflict of interest in both being the administrator of EPF and the policy advisor recommending the DDR, I do not see any conflict. CBSL, as advisor to the Government, has made the DDR proposal which allows EPF to choose between two options, accept the proposed DDR Bond exchange or reject it and be subject to a 30% tax rate. As the administrator of the EPF, CBSL has simply analysed these two options and clearly shown that the EPF is better off accepting the Bond exchange compared with rejecting it and being subject to a 30% tax rate.
Other Relevant Issues
It is telling that none of those criticizing the present process have offered any viable alternative DDR arrangement to achieve the same objectives as the present exercise. In saying this, I am ignoring the suggestions by some parties who say there would be no need for the exercise if “The money stolen by the Rajapaksa’s is recovered” or “The large corruption in Government is reduced,” and so on. Such actions, even if they were possible, are not alternatives, because they cannot be achieved in the short or medium term, which is one of the key objectives of the DDR. Verite Research did, some time ago before the announcement of the present DDR, present some analysis on a possible DDR which included sharing the cut across all Bond holders, but, for the reasons I refer to below, this is not a viable arrangement.
CBSL in its original presentation to the Cabinet, and subsequently to the public, argued that it would be prudent to exclude the Banks from the DDR exercise, because these institutions were already under stress as a result of COVID related business failures and because the banks would also be taking a hit from the future restructuring of USD Bonds, some of which are held by them.
CBSL was of the view that such an exclusion was essential to ensure financial system stability. None of those criticizing the present DDR arrangements have objected to this and I concur with that view. Even if the banks are able to bear the burden of some restructuring of the domestic bonds they hold, bank stability is also dependent on public perception, and excluding them from the DDR has certainly had a positive impact on such perception.
There are two unstated conditions applicable to the DDR exercise which have received no mention in the ongoing discussions. First, the DDR should be concluded in a short time frame since it will be a pre-condition to the restructuring of foreign currency debt. Second, it must be carried out in a legally valid manner. A Government Bond is a legal contract between the Government and the holder of the Bond.
The Government is legally obligated to pay the interest coupon and the principal of the Bond on specified dates according to this legal contract. The Government has no legal authority to change the conditions of this Bond. It could, of course, pass a new law in Parliament giving itself the authority to make changes to existing Bonds. In doing so, however, if all Bond holders are not treated equally (in particular, if the bank holdings of Bonds are excluded), there are bound to be legal challenges in the Courts to any such changes, and the changes may well be struck down by the Courts.
Even if such changes are not struck down, this process can take considerable time to be determined and would not be achievable in the time frame required for the DDR process to be concluded as discussed previously. The present DDR has finessed the issue of different treatments of Bond holders by making it “voluntary”, albeit by holding a gun to the head of the EPF and superannuation funds in the manner detailed earlier. This is draconian, but effective.
As per CBSL statistics presented in connection with the original DDR proposal, the total outstanding amount of Treasury Bonds at that time was Rs. 8,700 billion. Of this amount Rs 1,644 billion is held by “Others”, after excluding the banks and EPF and superannuation funds being subject to the DDR. Even if the banks are excluded from the DDR to ensure “financial system stability” reasons mentioned previously, it would have been ideal if the “Others” holding the Rs 1,644 billion in outstanding Bonds were subject to some “restructuring”, in the form of cuts in coupon rates and/or face value, or an extension of the tenor of these Bonds.
If this was done, the benefit of these cuts could have been passed on in the form of a reduction in the burden passed onto EPF and superannuation funds. However, such an unequal treatment where some Bond holders (the banks) are excluded, even if the necessary legislation is passed, would certainly have resulted in legal challenges which would, at the least, have delayed the process as I have pointed out earlier, or even been found unconstitutional by the Courts.
Further Actions in Respect of Bonds
Very high yield rate Bonds (over 20% yield) were issued by the Government during the period prior to the announcement of the DDR (April 8, 2022 to March 13, 2023) as a consequence of severe financial shortages faced by the Government. Bidders for these Bonds added a premium to the bid yield rates, expecting a future restructuring of these Bonds as part of the DDR they knew was coming. By being excluded from the DDR, these Bond holders have enjoyed a “windfall profit.” It is not possible to specifically target these Bonds for a cut in coupons or face value, because many of the original holders may have sold some of these Bonds and have already earned the windfall profits.
[The buyers of the Bonds would only receive a “normal” profit in the form of coupon payments and final redemption.] Furthermore, in the case of individual Bond holders, their windfall profit would be in the form of a capital gain, which only attracts a tax rate of 10%. Corporates/ banks in the same situation would be paying a tax of 30% on their capital gains. I propose that the Government should “claw back” some of these profits by imposing a special windfall tax rate of 50% applicable to all profits derived from these Bonds. If the original purchaser has not sold the Bonds, the coupon interest and the capital gains on final face value redemption should also be taxed at 50%.
There would be some complications in structuring this tax, since some high yield Bonds may have changed hands within the period that high yield Bonds were still being issued, which means that the initial purchaser would only have made a small capital gain and the next buyer would still be enjoying the high coupon rate or subsequently selling the Bond for a large capital gain. A proper structuring of the 50% windfall tax can ensure that the taxes fall on those making the windfall profits. A tax of the type proposed will clearly be borne by the wealthy, who would have been the purchasers of these Bonds, and go some way towards balancing the burden imposed on less wealthy parties as a result of the DDR.
To place this suggestion in perspective, between April 8, 2022 and March 13, 2023 all Bonds issued by CBSL had yield rates in excess of 20%. The total face value of such Bonds was Rs 1,233 billion. The weighted average yield on these Bonds was 27.89% and the weighted average coupons in these Bonds was 19.09%. The latest four-year Bond yield rate is approximately 15% and this is likely to drop further.
As a result, any seller today of an average high yield Bond would make a significant capital gain on the sale and would need to pay substantial taxes to the Government at the proposed 50% windfall tax rate. As per CBSL statistics in the original CBSL presentation to the Cabinet, approximately 63.5% of all Bonds at that time were held by the banks and the “Other” category. If this percentage is also applicable to the high yield Bonds referred to above, the banks and the “Other” category would be holding Rs 777 billion of these Bonds.
Advocata has recently analysed EPF’s Bond portfolio prior to the DDR Bond exchange and concluded that EPF’s share of high yield Bonds was proportionately much less than for other Bond holders. Therefore, banks and “Others” would probably be holding even more than the above mentioned Rs 777 billion in such high yield Bonds which, in turn, will mean that a 50% windfall tax on the profits from these Bonds will result in substantial tax revenues for the Government.
An aside at this point is that for some unclear reason there is no withholding tax (WHT) applied to the interest earnings on Bonds as in the case of interest earnings from deposits in banks and finance companies. I have made inquiries as to why this is so from several senior Government officials and have not received any explanation for the practice.
It may well be that some Bond holders do not even have income tax files and that they are evading all taxes payable on Bond interest. Since Bond holders are all likely to be at the highest tax bracket given the minimum sizes of Bond investments, I suggest that a WHT of 30% be applied to all Bond interest payments. Holders are free to file tax returns and seek a refund if they have been taxed in excess of their liability due to such a WHT. I have been told there is some complication in applying WHT to Bond interest held by foreigners. If that is indeed the case, foreign holdings of Bonds could be excluded.
Conclusions
The economy of the country is in dire straits as a result primarily of bad/foolish policies of recent past Governments (including those by CBSL under its previous two Governors and Monetary Boards at that time) coupled with the endemic corruption inherent in the system. The present Governor of CBSL and his professional colleagues are facing very difficult conditions and are striving to get the country’s finances back on track.
I can understand trade unions, workers and other similar entities objecting to the implementation of policies which directly impact them, irrespective of whether such policies are needed to solve the country’s issues. But, why is it that so called “experts” and think tanks do not recognize the ground realities of what is practically achievable and support the efforts of CBSL rather than criticizing these efforts in print and at discussion forums?
(The author is an economist with wide experience in policy formulation and implementation in the Ministry of Finance and has worked at CEO level in both public and private sectors.
Features
The Paradox of Trump Power: Contested Authoritarian at Home, Uncontested Bully Abroad
The Trump paradox is easily explained at one level. The US President unleashes American superpower and tariff power abroad with impunity and without contestation. But he cannot exercise unconstitutional executive power including tariff power without checks and challenges within America. No American President after World War II has exercised his authority overseas so brazenly and without any congressional referral as Donald Trump is getting accustomed to doing now. And no American President in history has benefited from a pliant Congress and an equally pliant Supreme Court as has Donald Trump in his second term as president.
Yet he is not having his way in his own country the way he is bullying around the world. People are out on the streets protesting against the wannabe king. This week’s killing of 37 year old Renee Good by immigration agents in Minneapolis has brought the City to its edge five years after the police killing of George Floyd. The lower courts are checking the president relentlessly in spite of the Supreme Court, if not in defiance of it. There are cracks in the Trump’s MAGA world, disillusioned by his neglect of the economy and his costly distractions overseas. His ratings are slowly but surely falling. And in an electoral harbinger, New York has elected as its new mayor, Zoran Mamdani – a wholesale antithesis of Donald Trump you can ever find.
Outside America it is a different picture. The world is too divided and too cautious to stand up to Trump as he recklessly dismantles the very world order that his predecessors have been assiduously imposing on the world for nearly a hundred years. A few recent events dramatically illustrate the Trump paradox – his constraints at home and his freewheeling abroad.
Restive America
Two days before Christmas, the US Supreme Court delivered a rare rebuke to the Trump Administration. After a host of rulings that favoured Trump by putting on hold, without full hearing, lower court strictures against the Administration, the Supreme Court by a 6-3 majority decided to leave in place a Federal Court ruling that barred Trump from deploying National Guard troops in Chicago. Trump quietly raised the white flag and before Christmas withdrew the federal troops he had controversially deployed in Chicago, Portland and Los Angeles – all large cities run by Democrats.
But three days after the New Year, Trump airlifted the might of the US Army to encircle Venezuela’s capital Caracas and spirit away the country’s President Nicolás Maduro, and his wife Celia Flores, all the way to New York to stand trial in an American Court. What is not permissible in any American City was carried out with absolute impunity in a foreign capital. It turns out the Administration has no plan for Venezuela after taking out Maduro, other than Trump’s cavalier assertion, “We’re going to run it, essentially.” Essentially, the Trump Administration has let Maduro’s regime without Maduro to run the country but with the US in total control of Venezuela’s oil.
Next on the brazen list is Greenland, and Secretary of State Marco Rubio who manipulated Maduro’s ouster is off to Copenhagen for discussions with the Danish government over the future of Greenland, a semi-autonomous part of Denmark. Military option is not off the table if a simple real estate purchase or a treaty arrangement were to prove infeasible or too complicated. That is the American position as it is now customarily announced from the White House podium by the Administration’s Press Secretary Karolyn Leavitt, a 28 year old Catholic woman from New Hampshire, who reportedly conducts a team prayer for divine help before appearing at the lectern to lecture.
After the Supreme Court ruling and the Venezuela adventure, the third US development relevant to my argument is the shooting and killing of a 37 year old white American woman by a US Immigration and Customs Enforcement (ICE) officer in Minneapolis, at 9:30 in the morning, Wednesday, January 7th. Immediately, the Administration went into pre-emptive attack mode calling the victim a “deranged leftist” and a “domestic terrorist,” and asserting that the ICE officer was acting in self-defense. That line and the description are contrary to what many people know of the victim, as well as what people saw and captured on their phones and cameras.
The victim, Renee Nicole Good, was a mother of three and a prize-winning poet who self-described herself a “poet, writer, wife and mom.” A newcomer to Minneapolis from Colorado, she was active in the community and was a designated “legal observer of Immigration and Customs Enforcement (ICE) activities,” to monitor interactions between ICE agents and civilian protesters that have become the norm in large immigrant cities in America. Renee Good was at the scene in her vehicle to observe ICE operations and community protesters.
In video postings that last a matter of nine seconds, two ICE officers are seen approaching Good’s vehicle and one of them trying to open her door; a bystander is heard screaming “No” as Good is seen trying to drive away; and a third ICE officer is seen standing in front of her moving vehicle, firing twice in the direction of the driver, moving to a side and firing a third time from the side. Good’s car is seen going out of control, careening and coming to a stop on a snowbank. Yet America is being bombarded with two irreconcilable narratives – one manufactured by Trump’s Administration and the other by those at the scene and everyone opposed to the regime.
It adds to the explosiveness of the situation that Good was shot and killed not far from where George Folyd was killed, also in Minneapolis, on 25th May, 2020, choked under the knee of a heartless policeman. And within 48 hours of Good’s killing, two Americans were shot and injured by two federal immigration agents, in Portland, Oregon, on the Westcoast. Trump’s attack on immigrants and the highhanded methods used by ICE agents have become the biggest flashpoint in the political opposition to the Trump presidency. People are organizing protests in places where ICE agents are apprehending immigrants because those who are being aggressively and violently apprehended have long been neighbours, colleagues, small business owners and students in their communities.
Deportation of illegal immigrants is not something that began under Trump. It has been going on in large numbers under all recent presidents including Obama and Biden. But it has never been so cruel and vicious as it is now under Trump. He has turned it into a television spectacle and hired large number of new ICE agents who are politically prejudiced and deployed them without proper training. They raid private homes and public buildings, including schools, looking for immigrants. When faced with protesters they get into clashes rather than deescalating the situation as professional police are trained to do. There is also the fear that the Administration may want to escalate confrontations with protesters to create a pretext for declaring martial law and disrupt the midterm congressional elections in November this year.
But the momentum that Trump was enjoying when he began his second term and started imposing his executive authority, has all but vanished and all within just one year in office. By the time this piece appears in print, the Supreme Court ruling on Trump’s tariffs (expected on Friday) may be out, and if as expected the ruling goes against Trump that will be a massive body blow to the Administration. Trump will of course use a negative court ruling as the reason for all the economic woes under his presidency, but by then even more Americans would have become tired of his perpetually recycled lies and boasts.
An Obliging World
To get back to my starting argument, it is in this increasingly hostile domestic backdrop that Trump has started looking abroad to assert his power without facing any resistance. And the world is obliging. The western leaders in Europe, Canada and Australia are like the three wise monkeys who will see no evil, hear no evil and speak no evil – of anything that Trump does or fails to do. Their biggest fear is about the Trump tariffs – that if they say anything critical of Trump he will magnify the tariffs against their exports to the US. That is an understandable concern and it would be interesting to see if anything will change if the US Supreme Court were to rule against Trump and reject his tariff powers.
Outside the West, and with the exception of China, there is no other country that can stand up to Trump’s bullying and erratic wielding of power. They are also not in a position to oppose Trump and face increased tariffs on their exports to the US. Putin is in his own space and appears to be assured that Trump will not hurt him for whatever reason – and there are many of them, real and speculative. The case of the Latin American countries is different as they are part of the Western Hemisphere, where Trump believes he is monarch of all he surveys.
After more than a hundred years of despising America, many communities, not just regimes, in the region seem to be warming up to Trump. The timing of Trump’s sequestering of Venezuela is coinciding with a rising right wing wave and regime change in the region. An October opinion poll showed 53% of Latin American respondents reacting positively to a then potential US intervention in Venezuela while only 18% of US respondents were in favour of intervention. While there were condemnations by Latin American left leaders, seven Latin American countries with right wing governments gave full throated support to Trump’s ouster of Maduro.
The reasons are not difficult to see. The spread of crime induced by the commerce of cocaine has become the number one concern for most Latin Americans. The socio-religious backdrop to this is the evangelisation of Christianity at the expense of the traditional Catholic Church throughout Latin America. And taking a leaf from Trump, Latin Americans have also embraced the bogey of immigration, mainly influenced by the influx of Venezuelans fleeing in large numbers to escape the horrors of the Maduro regime.
But the current changes in Latin America are not necessarily indicative of a durable ideological shift. The traditional left’s base in the subcontinent is still robust and the recent regime changes are perhaps more due to incumbency fatigue than shifts in political orientations. The left has been in power for the greater part of this century and has not been able to provide answers to the real questions that preoccupied the people – economic affordability, crime and cocaine. It has not been electorally smart for the left to ignore the basic questions of the people and focus on grand projects for the intelligentsia. Exhibit #1 is the grand constitutional project in Chile under outgoing President Gabriel Borich, but it is not the only one. More romantic than realistic, Boric’s project titillated liberal constitutionalists the world over, but was roundly rejected by Chileans.
More importantly, and sooner than later, Trump’s intervention in Venezuela and his intended takeover of the country’s oil business will produce lasting backlashes, once the initial right wing euphoria starts subsiding. Apart from the bully force of Trump’s personality, the mastermind behind the intervention in Venezuela and policy approach towards Latin America in general, is Secretary of State Marco Rubio, the former Cuban American Senator from Florida and the principal leader of the group of Cuban neocons in the US. His ultimate objective is said to be achieving regime change in Cuba – apparently a psychological settling of scores on behalf Cuban Americans who have been dead set against Castro’s Cuba after the overthrow of their beloved Batista.
Mr. Rubio is American born and his parents had left Cuba years before Fidel Castro displaced Fulgencio Batista, but the family stories he apparently grew up hearing in Florida have been a large part of his self-acknowledged political makeup. Even so, Secretary Rubio could never have foreseen a situation such as an externally uncontested Trump presidency in which he would be able to play an exceptionally influential role in shaping American policy for Latin America. But as the old Burns’ poem rhymes, “The best-laid plans of men and mice often go awry.”
by Rajan Philips ✍️
Features
Unsuccessful attempt on President Chandrika’s life
The Presidential election campaign was drawing to a close. We had campaigned hard but everyone knew that it would be a keenly contested election. A final meeting was scheduled for Saturday December 18, 1999. It was to be held near the Town Hall in Colombo and CBK was to be the chief speaker. I was accommodated in the front row of the stage together with other party leaders.
Ratnasiri Wickremanayake, the Prime Minister, had invited me to be a speaker at his final meeting in Horana. I waited till CBK arrived, spoke briefly to her and left for Horana. I had barely reached Havelock Town when I heard the sound of a blast from near the Town Hall. It was a well planned attempt on the life of CBK by the LTTE. Suicide bombers had come into the well packed grounds with a group of supporters of a Colombo district SLFP MP. Fortunately they had been prevented from coming close to the stage by the barriers set up by the Police.
CBK had finished her speech to a packed audience and was going down the gangway from the stage to her car when the bomber had detonated his bomb killing himself, several policemen, CBKs driver and many onlookers. But for the fact that her driver had driven up to the steps, thereby interposing the steel reinforced Mercedes Benz car between the bomb and CBK she would have been torn to shreds.
When we inspected the Benz it was a mass of twisted metal like a futuristic sculpture. I forgot about Horana and immediately rushed to the general hospital where to my relief I was told that the President was alive and out of danger. Since I had experience of the bombing of the UNP group meeting in Parliament during JRJs time, I rushed to Temple Trees to find that Sunethra Bandaranaike had fortunately promptly come there and was with the children upstairs.
The Temple Trees staff congregating downstairs were wandering about in shock till the arrival of President’s Secretary Balapatabendi. I urged that we should immediately get down Anuruddha Ratwatte -the Deputy Defence Minister, who at that time was in Kandy. A problem arose because helicopters could not fly at night. He was asked to come immediately by road and he did arrive in the shortest time.
In the meanwhile I suggested that Balapatabendi should broadcast the news that CBK was alive and out of danger as we had done with JRJ after the Parliament bombing. Already news about the attack was swirling because international media was using it as “Breaking News”. Bala and I went to the TV station and as he was getting into the studio I noticed that he was dressed in a black shirt which could have given a bad message to the country. I quickly took off my shirt and exchanged it for Balas black shirt. He then spoke on camera trying to calm the country wide audience dressed in an over-sized shirt.
We went back to Temple Trees and found that the PM and other Cabinet Ministers and relatives had arrived there and were taking charge of the situation. I then went to the General Hospital to see GL Peiris and Alavi Moulana who were in a state of shock and awaiting medical attention. Alavi’s shirt was blood stained and his sons were helplessly moving around asking for immediate medical attention.
After that both sides did not campaign in the remaining few days. The whole country was in a state of shock and disbelief. To the credit of Ranil Wickremesinghe he immediately visited CBK to wish her a speedy recovery and virtually called off his campaign. The shock of the Town Hall blast was compounded when almost at the same time a bomb was set off by the LTTE in Wattala where the UNP was holding a propaganda meeting. Major General Lucky Algama who was in charge of security was killed in this blast together with several UNP supporters.
Presidential Election December 2019
The presidential election was held as scheduled. We witnessed a clear shift of the sentiments of voters towards CBK after the bombing. I went to Kandy to cast my vote early as usual at the Nugawela voting centre. Immediately after that I left for Colombo. All along the road women of all ages were gathering in great numbers to cast their votes. It became clear that a sympathy vote was in the offing, especially among women. They could empathize with CBK who had lost a father and husband and now nearly lost her own life in the cause of public service.
The election results when announced proved that our hunch was correct. The declared results were as follows;
CBK
4,312,157 Votes [51.1 Percent]
Ranil
3,602,748 Votes [42.71 Percent]
Nandana Gunatillake
[JVP] 344,173 [4.08 Percent]
CBK then took a courageous decision which unfortunately backfired on her many years on as I will describe in a succeeding chapter. In the light of possible confusion following the bombing she decided to take her oath of office as the new President immediately though she had several months more to serve in terms of her earlier mandate. Though she had a team of brilliant lawyers including H L de Silva and R K W Goonesekere to advice on constitutional matters such details were not analyzed by her political staff. She took oaths before Chief Justice Sarath Nanda Silva and on the following day left for UK for medical treatment.
(Excepted from Vol. 3 of the Sarath Amunugma autobiography) ✍️
Features
My experience in turning around the Merchant Bank of Sri Lanka (MBSL)
LESSONS FROM MY CAREER: SYNTHESISING MANAGEMENT THEORY WITH PRACTICE – PART 29
The last episode covered the final stages of my work as Advisor to the National Productivity Drive at the Ministry of Industrial Development. Soon after, in September 1998, I accepted the position of Managing Director of the Merchant Bank of Sri Lanka (MBSL). This chapter shares key events and lessons from my time there.
First few weeks at MBSL
The Board agreed that, for the first month, I would work only half-days, as I still had obligations I could not abandon. I was organising the International Convention on Quality Circles 1998, which attracted many foreign participants, and although we had appointed an event organiser, numerous arrangements still required my involvement. I will write more about that Convention later in these memoirs.
Those half-days turned out to be useful. They allowed me to quietly observe and understand the situation. MBSL was in worse shape than I had expected. The financial problems were visible to anyone who read the statements. The bigger crisis, however, was the staff’s morale and the rapid loss of staff members.
During the interim management period, many staff benefits had been cut, and several senior executives had already left. In the first few months, farewell gatherings became routine. It felt like rats leaving a sinking ship. And indeed, the organisation was sinking. Yet I had accepted the challenge — largely because I sensed that the Chairperson could secure government support, which she had already begun to do.
The broader environment added to the tension. The LTTE conflict was still active. Our office building, a very tall building located near the Colpetty junction, was a prime target. It had an Air Force unit with anti-aircraft guns on the rooftop one floor above he boardroom.. No one was allowed there without special permission, even though the area had originally been designed as a rooftop function space.
The first board meeting was quite hilarious because, while we were discussing important strategic issues, the upper floor was reverberating with a baila session, with boots tapping the floor keeping time. Apparently, the unit had an assurance that there would be no air strikes, and they could take a break.
My own office was spacious, but the windows were blocked because Temple Trees — the official residence of the Prime Minister — was clearly visible if not. At first, working without any outside view felt quite oppressive. Eventually, I grew accustomed to it.
Once I began full-time work in October, I carefully examined the situation with the help of my capable team. Several senior employees were not leaving for higher-paying opportunities or foreign jobs — they were committed, though uncertain about the future.
Then came investigations by the Central Bank and the Securities and Exchange Commission. Much of my time was spent responding to information requests and ensuring that all releases of information were approved. Many years previously, MBSL had unintentionally become a subsidiary of the Bank of Ceylon (BOC) when BOC’s investment arm purchased shares that pushed ownership above 50 per cent.
Hence although we were not a deposit taking institution and therefore not under the regulatory oversight of the Central Bank, we were under the Central Bank scrutiny because we were a subsidiary of the BOC. Although we were independent in operations, the customary practice was that the BOC Chairman would also chair MBSL, together with other BOC directors serving on our board. Our Chairperson, Mrs Dayani de Silva, was determined to turn MBSL around.
At that time, we operated two main divisions:
· Corporate finance, including advisory and investment banking; and
· Leasing, including trade finance.
In addition, there were the service divisions such as Human Resources, Secretarial and Finance and Accounting
Staff matters and the trade union
Morale was low. staff resisted the benefit cuts and the shift toward rules that resembled those of government departments. Signing an attendance register was particularly disliked.
I reviewed the situation carefully. Some of the removed benefits saved only trivial amounts. I reinstated those. I also installed an electronic time-card system for everyone — including myself. I announced clearly that I would clock in every day, just as they did. Naturally, the first few months were not easy.
I began holding monthly staff meetings to explain what we were doing, why we were doing it, and where we stood financially. Communication had clearly been lacking earlier, and these meetings helped rebuild trust. I also operated an “open door” policy, welcoming any employee who wished to meet me. The performance appraisal system was another issue. Instead of motivating staff, it had become a source of resentment. I suspended it for two years and asked everyone to work together as one team.
Most employees up to the Deputy Manager level were unionised, affiliated with the Ceylon Bank Employees Union (CBEU), headed by Mr M. R. Shah. The collective agreement was due, and the union presented a long list of demands — many of them impossible, given our financial state. Normally, negotiations take place between the Employers’ Federation of Ceylon (EFC) and the CBEU. The Director General of the EFC, Mr Gotabhaya Dassanayake, advised me first to build mutual confidence, especially as I had never met Mr Shah before.
I invited Mr Shah to my office. Over tea, I openly explained the crisis we were facing, our restructuring plan, and the management approach we intended to adopt. He listened carefully and asked sensible questions. We parted on friendly terms, and more importantly, with a shared understanding.
A month later, negotiations began at the EFC. To my surprise, Mr Shah began by saying that, after speaking with the new Managing Director, he understood our difficulties and accepted the direction we were taking. He then withdrew several demands on the spot. I was relieved, not because demands were dropped, but because he had recognised our sincerity and our plan. Later, Mr Dassanayake telephoned to say he had rarely seen such cooperation. In time, as restructuring succeeded, we gradually restored many benefits. That entire episode reinforced a powerful lesson: honest communication and genuine leadership build trust far faster than confrontation.
Expanding leasing
The board was deeply concerned about the leasing division. Non-performing loans were very high, and they urged me to restrict new business and focus solely on recoveries. I informed the board that management was partly to blame because the staff was pressured to meet stretch targets, and all we got were substandard leasing facilities. Targets without safeguards are never beneficial.
My thinking differed. Aggressive recovery efforts often demoralise good customers and overburden staff. In addition, the customers were already in great difficulty because they had no financial means to meet their leasing obligations. Instead, I believed we needed to build a new, healthier portfolio, while also expanding fee-based advisory work with lower risk. I had also abandoned my consultancy business when I joined MBSL, and proposed creating a new subsidiary to bring that kind of business into the bank. The board rejected it – understandably, given past failures with subsidiaries, including one in Nepal.
We decided that if our leasing operations were to grow, they needed to feel more connected to ordinary Sri Lankans. Research revealed that many people viewed us as an “English-speaking bank.” That perception alone discouraged potential customers.
So, we refreshed our leasing brand. The new logo carried the Sinhala word for “leasing,” applications were printed in Sinhala, and signboards carried both languages. Even the telephone operator’s greeting changed. Instead of the polished “Good morning, MBSL,” which sometimes intimidated Sinhala-speaking callers, we switched to “Ayubowan, MBSL.” It was friendly, respectful, and immediately accepted across all segments.
When an SME business owner comes for a lease, they have already selected the vehicle, and the decision is more based on ego than on a business requirement. We would discourage them and enlighten them that the vehicle does not match their requirements, and advise them to select a smaller one. They look unhappy, but they finally agree when presented with the maths of repayment.
We also organised short educational sessions for our customers on how to maintain vehicles, extend tyre life, the importance of the correct lubricants, and improve customer service. These simple initiatives created goodwill, strengthened customer relationships, and soon, the leasing business began to grow. At the same time, we were tough on recoveries, and some unpleasant moments included we seized a vehicle when a couple was on their honeymoon. The board, while pressuring me to recover, also constantly reminded me that no strong-arm tactics should ever be used.
Improving cash availability
Before I joined, two government institutions had agreed to provide debentures, with Treasury comfort letters. However, a condition required us to build a monthly sinking fund for repayment. To me, this made little sense. We were already short of operating cash. Locking more away would only weaken us further.
The head of finance had faithfully followed the rule. I instructed him to stop doing so and to use the funds for business expansion. When the board asked how we planned to repay the debentures, my answer was simple: growing organisations borrow when repayment comes due — that is how business operates.
We also began selling off our minority shareholdings from our share portfolio wherever possible even at a loss. The market was depressed, and those investments in shares contributed nothing to our survival. We retained only the Merchant Credit of Sri Lanka and divested the others. Gradually, liquidity improved, and operations stabilised.
The thorny bonus issue
Before my arrival, the board had approved bonuses despite the 1997 crisis. I was surprised how it happened soon after chalking up a billion rupee loss. However, just three months into my tenure, the board refused the December 1998 bonus. I found myself in a painful position. The EFC warned that withholding payment was risky because bonuses were written into appointment letters. Yet, reality was clear — we simply could not afford it.
I addressed the staff personally, explained the situation frankly, and announced the decision. The disappointment was visible everywhere. But given the circumstances, they accepted it.
There were more challenges and many more lessons still to come. In the next article, I will continue the story of how, step by step, we navigated those difficulties and rebuilt the organisation.
(The writer is a Consultant on Productivity and Japanese Management Techniques
Retired Chairman/Director of several listed and unlisted companies
Recipient of the APO Regional Award for Promoting Productivity in the Asia-Pacific Region
Recipient of the Order of the Rising Sun, Gold and Silver Rays from the Government of Japan
Email: bizex.seminarsandconsulting@gmail.com)
By Sunil G. Wijesinha ✍️
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