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SC focuses on integrity of public examination process: sets 3-month deadline for report from CGE

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Directs AG to consider criminal proceedings against suspects, refers to PM’s role

by Shamindra Ferdinando

The Supreme Court has given the Commissioner General of Examinations (CGE) Amith Jayasundara three months’ time to submit a comprehensive report on how the integrity of the public examination process could be restored and strengthened against the backdrop of question paper leaks. The SC made the order on Tuesday (Dec 31, 2024).

The SC declared that the CGE’s decision to grant free marks for compromised three questions was contrary to the law and therefore a nullity. However, during the proceedings, the Solicitor General acknowledged the absence of official entry regarding the CGE taking such a decision.

The SC found the CGE guilty of violating Article 12(1) of the Constitution while asserting that the endorsement of the CGE’s decision by the Cabinet-of-Ministers on Nov. 25, 2024, too, was a nullity.

Declaring that fundamental rights of student candidates and petitioners had been violated by the state due to the leaking of three questions in Paper 1 of the Grade 5 Scholarship Examination conducted on Sept. 15, 2024, the three-judge-bench comprising Justice Yasantha Kodagoda, Kumudini K. Wickremesinghe and Arjuna Obeysekere issued seven specific orders.

The directive issued to the CGE was one of the seven orders. The other orders were (1) address the issue at hand (breach of the confidentiality of three questions) on the basis of one of the three solutions provided by experts and any other material available to him (2) Director, CID to submit a detailed report to CIABOC regarding the probe into the conduct of I.G.S. Premathilake (13th respondent and was directed to pay a sum of Rs 3 mn to the State) and C.M. Chaminda Kumara Illangasekera (6th and 9th respondent in two FR cases was ordered to pay Rs 2 mn) their culpability to consider whether they perpetrated offences, conspiracy to commit corruption, corruption and abetment to commit corruption as defined in the Anti-Corruption Act (3) CID to conduct financial analysis of the suspects, further investigations necessitated by forensic analysis of digital devices conducted so far and probe P.A.M. Buddhika Pathiraja whose name transpired in the investigation (4) CID to submit a report to SC within three months from the deliverance of the judgment (5) Attorney General to provide required advice and backing to the CID and expeditiously consider instituting criminal proceedings in respect of offenders and perhaps unprecedented move (6) that AG provides an advisory to Cabinet-of-Ministers, Secretaries to Ministries, heads of departments and statutory bodies emphasizing what the SC called legal principles contained in the relevant judgment and how public officials would be required to adhere to such principles.

The SC has ordered the State to utilise Rs 5 mn paid by two suspects within four weeks from the issuance of the judgment to explore ways and means of protecting the integrity of Grade 5 Scholarship examination.

The SC has also declared that if the petitioners of four FR petitions intended to recover actual costs in moving the court, they should submit the relevant bills to the respondents Premathilake and Illangasekera through the Registrar of SC. In addition, the SC has also sought a report from the AG as regards action taken by him in respect of the judgment.

The SC noted that the opinion of a seven-member expert committee had been obtained at the intervention of Prime Minister Dr. Harini Amarasuriya and the CGE on his own didn’t take the decision at issue but submitted the recommendations for the attention of the Premier and necessary action after endorsing them.

After the Premier called a meeting on Sept. 26, 2024 to address the issues at hand, the CGE had handed over the internal decision making authority to the Premier, Education Minister and the Secretary to the Education Ministry. The SC noted that their involvement in the process had deprived CGE decision making authority.

The SC said they may not have intended to take over CGE’s authority but in the end that was the result of their involvement.



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Ambassador of the UAE to Sri Lanka meets with the Prime Minister

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Prime Minister Dr. Harini Amarasuriya met with the Ambassador of the United Arab Emirates to Sri Lanka, Khaled Nasser Al Ameri, on 01 October at Temple Trees.
At the outset, the Prime Minister welcomed the Ambassador and expressed her appreciation for the support extended by the Government of the United Arab Emirates to Sri Lanka following Cyclone Ditwah.
During the meeting, the Ambassador conveyed an invitation from the Government of the United Arab Emirates to Prime Minister Dr. Harini Amarasuriya to participate in the UN Water Conference scheduled to be held in the UAE in December. Both sides discussed challenges related to water management and water security, emphasising the importance of developing sustainable and long-term solutions to address water-related issues. Attention was also drawn to the importance of skilled labour migration, with a focus on strengthening opportunities for Sri Lankan skilled workers in international employment markets. The UAE expressed its interest in supporting Sri Lanka’s vocational and technical education sector, while also exploring opportunities for cooperation in agricultural technology and related fields. The Ambassador further highlighted the interest of UAE investors in Sri Lanka’s port and aviation sectors. He noted the potential for Sri Lanka to develop into a regional aviation maintenance hub, creating new opportunities for investment and skills development. The discussions also focused on further strengthening and expanding bilateral relations and cooperation between Sri Lanka and the United Arab Emirates.
The meeting was attended by Pradeep Saputhanthri, Secretary to the Prime Minister; Ms. Sagarika Bogahawatta, Additional Secretary to the Prime Minister; and officials from the Ministries of Foreign Affairs, Foreign Employment and Tourism. Prime Minister’s Media Division

[Prime Minister’s Media Division]

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Prime Minister joins Gandhi Jayanti Commemoration

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Prime Minister Dr. Harini Amarasuriya attended the Gandhi Jayanti commemoration held at Temple Trees on October 2nd to mark the 157th birth anniversary of Mahatma Gandhi, the pioneer of non-violence.
The commemoration was held under the patronage of the Prime Minister and the High Commissioner of India to Sri Lanka,  Santosh Jha. During the event, the Prime Minister and the Indian High Commissioner paid floral tributes to the statue of Mahatma Gandhi. The ceremony was organized to recall the message of peace, non-violence, and harmony that Mahatma Gandhi bestowed upon the world through his life and philosophy.
The High Commissioner of India to Sri Lanka,  Santosh Jha, Secretary to the Prime Minister, Pradeep Saputhanthri, along with state officials and officers from the Indian High Commission, were present at the occasion. Prime Minister’s Media Division

[Prime Minister’s Media Division]

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Unions resist tripartite EPF management plan

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… 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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