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Ex-COPE chief calls for punitive surcharge

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Prof. Chaitha Herath expressing serious concerns about some state enterprises trying to manipulate government procedures at the expense of public sector financial discipline.

Litro legal wrangle:

By Shamindra Ferdinando

Former Chairman of the Committee on Public Enterprises (COPE) Prof. Charitha Herath has said the government is duty bound to prevent questionable actions of those who are at the helm of public sector enterprises.

The MP has suggested that those responsible for such actions be made to compensate the relevant enterprise for losses they cause.

Addressing the members of the Sri Lanka Audit Services Association at its 63rd AGM held at the Waters Edge, Battaramulla, early this week, Prof. Herath revealed that the state-owned Litro Gas had resorted to legal action at a cost of approximately Rs 20 mn in a bid to prevent the Auditor General’s scrutiny of its transactions.

Prof. Herath said that Litro shouldn’t be allowed to avoid government supervision under any circumstances.

If necessary laws had been available, a surcharge could have been imposed on those responsible, Prof. Herath said.

Pointing out that the Litro management had moved the Supreme Court in a bid to block the Auditor General, Prof. Herath said 99 percent of the shares of Litro were held by the State-owned Sri Lanka Insurance Company (SLIC).

During the first session of the 9th Parliament, the COPE inquired into the circumstances under which Litro had avoided the State auditing process for nearly two years.

Prof. Herath said: “We were finally able to defeat their attempt. Auditing resumed after the change at the top.”

In July last year, President Gotabaya Rajapaksa brought in Theshara Jayasinghe as Chairman and Chief Executive Officer (CEO) at Litro. The Viyathmaga activist succeeded Anil Koswatte. Subsequent to the change at the top, a comprehensive audit that had been undertaken on the instructions of Auditor General WPC Wickremaratne recently revealed the amounts categorised as legal fees. Among those whose services had been obtained were Romesh de Silva, PC and Sanjeeva Jayawardena, PC, Chairman of the Monetary Board Risk Oversight Committee, in addition to being the Chairman of the Ethics Committee of the Central Bank.

MP Herath alleged that a despicable attempt had been made to make use of a line or two in the Constitution to deprive the AG of the right to audit the profit-making enterprise.

Prof. Herath asked whether some heads of public enterprises acted outside the purview of the top political authority. MP Herath called for legal provision for recovering losses due to questionable decisions taken by those at the helm of such enterprises.

The UNP-led yahapalana government rejected government auditors’ plea for provision in the National Audit Bill (NAB) to recover losses caused by questionable actions. The Parliament endorsed the NAB in early July 2018 after the removal of proposed provisions as regards surcharge.

Prof. Herath paid a glowing tribute to government auditors for accepting the challenge as well as the difficult task of maintaining financial discipline regardless of threats. The former COPE Chief acknowledged that the auditors faced intimidations, pressure as well as threats from decision makers at the highest levels of the government as well as those involved in corruption.

The National List MP pointed out that as the audit service hadn’t been accommodated within any ministry, governments tend to ignore the difficulties experienced by them. The MP stressed that the auditors served the State and not any particular government formed by a political party or an alliance.

MP Herath explained how institutions that had been independent were gradually brought under ministries over the years leaving the Parliament and the Auditor General as the only ones outside the purview of ministers. According to the former COPE Chief Litro wasn’t the only enterprise that had declared that the parliamentary watchdog committee as well as the Auditor General did not have any authority to scrutinise their transactions.



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‘Accountability issues’: Successive govts. failed armed forces: Shavendra

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Gen. Silva

“US, UK sanctions effectively prevented me from travelling to other countries as well”

Former GOC of the 58 Division General Shavendra Silva yesterday (18) found fault with successive governments since 2009 for failing to counter unsubstantiated war crimes accusations. The failure on the part of them led to punitive international measures against senior officers who spearheaded the offensive against the LTTE, the Gajaba veteran said.

Appearing on Derana 24/7 with Chathura Alwis, the former Chief of Defence Staff (CDS) declared his angst at the country’s failure at political level to address the issues at hand. The most decorated soldier was commenting on the 16th anniversary of the eradication of the LTTE’s conventional military capacity.

Sri Lanka brought the war to a successful conclusion on May 18, 2009, by bringing the entire northern province under government control. LTTE leader Velupillai Prabhakaran was killed in the banks of the Nanthikadal lagoon on the following morning.

Referring to the US travel ban imposed on him, his wife and two daughters in February 2020 and the British sanctions declared in March this year, Gen. Silva said the US and British action had effectively restricted his overseas travel to south Asia.

The UK sanctioned Admiral of the Fleet Wasantha Karannagoda, former Army Commander Jagath Jayasuriya as well as former LTTE battlefield commander Vinayagamoorthy Muralitharan alias Karuna.

Gen. Silva highlighted the protests carried out by pro-LTTE activists in London in February this year targeting Yohani de Silva whose father served as the GOC of 55 Division engaged in the Vanni offensive.

The protest was organised by the Tamil Youth Organisation of the UK.

Responding to another query, Gen. Silva, in his first interview since retirement as CDS on Dec 31, 2024, said that GoCs Gen Jagath Dias (57 Division), Gen. Kamal Gunaratne (53 Division), Maj. Gen. Nandana Udawatte (59 Division), Maj. Gen. Prasanna de Silva (55 Division) and Chagie Gallage as well as those who commanded Task Forces faced punitive international action.

Gen. Silva’s retirement coincided with the abolition of the Office of CDS by the NPP government.

At the onset of the interview, Gen. Silva strongly emphasised the need to celebrate the eradication of terrorism and liberation of the people. The outspoken ex-soldier said that the armed forces and police paid a very heavy price to bring the war to an end, a war that many believed couldn’t be brought to a successful conclusion. Gen. Silva pointed out the absurdity in doing away with military celebration as Sri Lanka still marks the end of WW I and WW 11.

On behalf of all Division and Task Force commanders on the northern front, I take this opportunity to thank officers and men and families of those who paid the supreme sacrifice and the wounded.

Gen. Silva asserted that the armed forces as a whole suffered as a result of their failure to conduct post-war examination of operations undertaken by fighting formations deprived of the opportunity to correctly establish their roles. The former Army Commander said that the other countries always undertook such examinations immediately after the end of operations.

Gen. Silva said that since the end of war the country never made an honest attempt to record the events thereby setting the record straight.

The Yahapalana government co-sponsored the US accountability resolution against the war-winning armed forces in Oct 2015.

Gen. Silva explained that failure on the part of political and military leaderships to reach consensus on a common narrative contributed to the growing international pressure on the country.

Appreciating the NPP government summoning Canadian High Commissioner Eric Walsh over the recent unveiling of so-called Tamil genocide memorial in Ontario, Gen. Silva said that before his retirement he briefed President Anura Kumara Dissanayake regarding the challenges faced on the Geneva front.President Dissanayake promised to look into this matter and take appropriate measures, Gen. Silva said. “I believe the President as promised will address the issues at hand.”

By Shamindra Ferdinando

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Govt. likely to lose more votes in N&E unless it adopts remedial measures

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Ambika

Ex-HRCSL member:

Human rights lawyer and former member of the Human Rights Commission (HRCSL) Ambika Satkunanathan has warned that the National People’s Power (NPP) will face the prospect of further drop in its vote share in the North and the East in the next Provincial Council polls unless it takes remedial measures.

Asked what would be the likely scenario at the forthcoming Provincial Council polls, Satkunanathan said that she didn’t want to speculate. However, if the NPP failed to acknowledge its mistakes and did not adopt remedial measures, its share of the vote amongst Tamils and Muslims was likely to be further reduced, the civil society activist said.

The Illankai Thamil Arasu Kadchi (ITAK) contested 58 Local Government authorities at the recently concluded election. The ITAK won 40 out of 58 local authorities at the expense of the NPP that secured all northern and eastern electoral districts, except Batticaloa, at the parliamentary polls conducted last November.

The ITAK went it alone at the LG polls in the wake of the collapse of the TNA that served the interests of the LTTE during the war and threw its weight behind retired General Sarath Fonseka at the 2010 presidential election, less than a year after the eradication of the LTTE. General Fonseka secured all predominantly Tamil speaking electoral districts with the TNA backing but lost the election by 1.8 million votes.

Asked what had made the northern and eastern electorates switch allegiance to the ITAK and other Tamil parties within months after voting for NPP at the parliamentary polls, Ambika said: “Tamils have evolved into pragmatic voters and a range of factors likely influenced their vote at the local government election. Firstly, they have not seen any substantive or meaningful movement towards addressing their historical grievances and demands. For instance, instead of releasing lands occupied or that have been appropriated by the state, the government issued a gazette covering 5,940 acres of land in the Northern Province that it is seeking to appropriate. This is being done in what can only be called an insidious manner because they are not using the Land Appropriation Act, which would clearly demonstrate their intent to appropriate but the Land Settlement Ordinance. Where the repeal of the Prevention of Terrorism Act is concerned, they have appointed a committee to study the issue whereas the repeal of the law does not require any further study.

Asked whether the significant gains made by Tamil political parties at the expense of NPP and so-called Anura wave strengthened Tamil nationalism in the North-East, Ambika said President Anura Kumara Dissanayake’s or NPP’s win in the presidential and parliamentary elections is not demonstrative of the weakening of Tamil nationalism and the win of the Tamil parties at the local government elections does not illustrate the strengthening of Tamil nationalism.

This is because, like in the 2010 Presidential election, the pragmatic Tamil vote, which to the external observer may seem like abandonment of their historical demands, in the eyes of the community is a way of safeguarding the community at that instance and making the best of a bad situation. It in no way means they have given up their historical demands. Also, Tamil nationalism over the years has taken on many forms and the electoral choice is not always a reliable indicator of it, she said.

Tamil political sources said that the ITAK would go it alone at the Provincial Council polls. Sources said that the ITAK would seek to consolidate its position against the backdrop of recent electoral success after significant setbacks in last Sept and November at national elections.

By Shamindra Ferdinando

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Parliament to meet from May 20 to 23

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(From L to R) Leader of the House Minister Bimal Ratnayake, Speaker Dr Jagath Wickremanayake, Secretary General of Parliament Kushani Rohandheera, Deputy Speaker Dr Rizvih Salih and Opposition Leader Sajith Premadasa at the business committee meeting

Parliament will meet from Tuesday (20) to Friday (23), according to Secretary General Kushani Rohanadeera.The decision was made at the Committee on Parliamentary Business meeting held last Friday under the chairmanship of Speaker Dr. Jagath Wickramanayake.

The sittings will open on Tuesday (20) at 9.30 am with business under Standing Order 22(1) to (6), followed by an hour of oral questions. Statements by party leaders under Standing Order 27(2) are scheduled for 11 am, ahead of a debate on the Order under the Excise (Special Provisions) Act, which will run until 5 pm. The day’s proceedings will close with a half-hour debate on an Opposition-led adjournment motion.

On Wednesday (21), business resumes at 9.30 am, with oral questions at 10 am, followed by questions under Standing Order 27(2). The House will then debate financial regulations issued under the Finance Acts of 2003 and 2018 until 5 pm, before wrapping up with a session on the adjournment motion.

Thursday’s (22) sitting will follow a similar format, with a key debate on regulations under the Imports and Exports (Control) Act No. 1 of 1969 scheduled from 11.30 am to 5 pm. The Government will table the adjournment motion for the final half-hour of the day.

On Friday (23), after the usual question sessions, the House will take up the second reading of the Code of Criminal Procedure (Amendment) Bill, with the debate running from 11.30 am to 5 pm, followed by the closing adjournment motion discussion.

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