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Microfinance and Credit Regulatory Authority Bill: TISL files petition at SC
Transparency International Sri Lanka (TISL) last week petitioned the Supreme Court challenging the ‘Microfinance and Credit Regulatory Authority Bill’, stating that it fails to sufficiently address or introduce a fit scheme to enable the regulation of the extortive and predatory practices that microfinance lenders engage in at the grassroots levels.
The Bill was placed on the Order Paper of Parliament on 9 January, 2024. TISL has argued in the Petition (SC SD 14/2024) that the Bill does not conform to the principles of reasonableness, proportionality, natural justice, separation of powers and legal certainty as required, and is thus violative of Article 83 of the Constitution as read with Article 3 and 4 of the Constitution.
The extortive and predatory practices faced by victimized customers/borrowers of microfinance schemes, among others include, sextortion/soliciting of sexual bribes, physical, mental, and emotional harassment and intimidation, and the application of extortive interest rates in the granting of loans.
The Petition states that the Bill fails to adequately regulate all entities that engage in microfinance activities in a manner that would address the pervasive issues that have adversely plagued the sector.
The Petition points out that the Bill excludes certain entities that dominate the microfinance industry, such as licensed commercial banks or licensed specialized banks, licensed finance companies, registered leasing establishments, etc.
TISL has further noted in the Petition that the provisions in the Bill grant undue sole discretion to the subject Minister by allowing the Minister to specify persons who may carry out moneylending without a license from the Microfinance and Credit Authority, and grant exemptions to a class or category of transactions.
It further states that Clause 65 of the Bill attempts to create an information-concealing regime that is in complete violation of Article 14A of the Constitution from which the Right to Information Act No. 12 of 2016 flows.Therefore, the Petition requests the Supreme Court to determine that the Bill, as a whole or in part, is inconsistent with the Constitution.
News
Namal, Janaki further remanded
SLPP MP Namal Rajapaksa and former Krrish Group Executive Director and businesswoman Janaki Siriwardena were further remanded until October 23 by the Colombo Chief Magistrate’s Court yesterday in connection with an alleged Rs. 70 million bribery case involving the Krrish Group.
Colombo Chief Magistrate Asanga S. Bodaragama rejected the bail application filed on behalf of Siriwardena.
The Magistrate said the order on Namal Rajapaksa’s bail application was not ready and would be delivered on the next court date.
The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) arrested the two suspects and produced them before court over allegations that a bribe of Rs. 70 million had been solicited and accepted in connection with the affairs of the Krrish Group.
News
Review of progress in reforms and modernisation of key state revenue-collecting institutions
A progress review meeting on reforms and modernisation initiatives at Sri Lanka’s key state revenue-collecting institutions was held on Thursday (15) at the Presidential Secretariat, chaired by Secretary to the President Dr Nandika Sanath Kumanayake, with the participation of representatives of the International Monetary Fund (IMF) and officials of the Revenue Administration, Reform and Modernisation Bureau (RARMB) of the Presidential Secretariat.
At the meeting, the IMF representatives commended the revenue collection efficiency of the Department of Inland Revenue, Sri Lanka Customs and the Department of Excise, the country’s three leading state revenue-collecting institutions. Extensive discussions were also held on the progress of the reform and modernisation programmes being implemented at these institutions.
Secretary to the President Dr Nandika Sanath Kumanayake outlined the progress achieved by the three institutions to date and the reforms planned for implementation in the future.
The IMF representatives also highlighted the importance of strengthening risk management, developing human resources and ensuring the efficient operation of computer systems at the respective institutions.
Senior Additional Secretary to the President Seevali Arukgoda also attended the meeting. The IMF was represented by Cindy Negus, Senior Economist in Revenue Administration for the Asia and Pacific, Europe, Middle East and Central Asia regions; Alison Lister, Revenue Administration Adviser; and Gregory Toppin, Resident Revenue Adviser in Sri Lanka. A group of senior officials from the Revenue Administration, Reform and Modernisation Bureau of the Presidential Secretariat also participated.
(President’s Media Division)
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Cut power bills by 3-5%, don’t hike them, consumers demand
By Anuradha Hiripitiyage
Electricity tariffs should be reduced by between 3 and 5 percent instead of being increased by 2.88 percent in the fourth quarter, as proposed by the National System Operator (NSO), Electricity Consumers’ Association Secretary Sanjeewa Dhammika said.
Addressing a media briefing in Maradagahamula, Divulapitiya, Gampaha, yesterday (16), Dhammika said a proper assessment of electricity generation costs, including the contribution of hydropower, could justify a reduction in tariffs.
He said the NSO had sought approval from the Public Utilities Commission of Sri Lanka (PUCSL) for a 2.88 percent tariff increase, which was expected to generate an additional Rs. 4,438 million.
However, the Commission had indicated that an increase of only 1.46 percent was warranted, amounting to Rs. 2,245 million, he said, adding that even this increase was unnecessary.
Dhammika alleged that the proposed revision sought to pass on to electricity consumers the financial burden arising from the non-arrival of five coal shipments and failed tenders.
“The Government had said that the burden of coal-related losses would not be passed on to the public. It is therefore unjust to make consumers bear these costs,” he said.
He pointed out that the PUCSL had forecast that hydropower would account for 32.34 percent of total electricity generation in the coming quarter, while the cost of such generation would represent only 3.45 percent of the overall cost of electricity production.
Consumers should benefit from the lower cost of hydropower generation rather than bear the burden of more expensive thermal power generation, he said.
Dhammika also questioned the inclusion of Rs. 669 million in capacity charges that had not been approved by the PUCSL, as well as a further Rs. 1,069 million to repay loans relating to incomplete projects.
Including such charges in the proposed tariff revision was unjustifiable, he said.
The PUCSL has given the public until October 30 to submit their views on the proposed tariff revision.
Dhammika said the possibility of increased hydropower generation in the coming weeks, as reservoir levels rise, should also be taken into account when determining electricity tariffs.
He maintained that tariffs could be reduced by 3 to 5 percent if hydropower generation was properly assessed and coal-related losses and unapproved charges were excluded from the calculations.
He further claimed that electricity tariffs could be reduced by as much as 10 percent through the promotion of renewable energy and the effective use of solar power and battery storage systems.
The Electricity Consumers’ Association urged the Government to withdraw the proposed tariff increase, insisting that consumers should not be made to bear costs arising from coal supply problems and other disputed charges.
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