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Govt. MP strikes discordant note, slams Parliament over National List farce
… condemns halting of Law College exams in Sinhala
By Shamindra Ferdinando
SLPP MP Gevindu Cumaratunga says a section of the ruling coalition is pursuing political strategies contrary to the mandate received by the Sri Lanka Podujana Peramuna at the 2019 presidential and 2020 parliamentary elections.
MP Cumaratunga also strongly criticised the conduct of the Parliament as the highest institution in the country on the basis of continuing manipulation of the National List to accommodate those who had been rejected by the electorate and appointed outside the respective National Lists of political parties. The parliament consists of 196 elected and 29 appointed members.
The MP explained how the UNP schemed in the late 80s to manipulate the entire process to introduce the National List. Reference was made to the appointment of defeated candidate Ranil Wickremesinghe on the UNP National List and Basil Rajapaksa on the SLPP National List.
SLPP National List MP Cumaratunga who is also the President of the Yuthukama civil society group questioned rationale in pushing for the holding of the much delayed Provincial Council polls as quickly as possible.
The MP summoned a media briefing after he was denied the time to address the Parliament during the debate on the Justice Ministry vote. The lawmaker found fault with the government for its failure to unveil the Draft Constitution before President Gotabaya Rajapaksa completed two years in office. Cumaratunga is one of the MPs who had pledged his support to the battle against the highly questionable deal on the Yugadanavi Power Station that is now before the Supreme Court.
The civil society activist emphasized that Provincial Council polls shouldn’t be held under any circumstances until the introduction of the new Constitution. Lawmaker Cumaratunga said that the country received an assurance from Justice Minister Ali Sabry, PC that the draft Constitution would be presented within two years. Therefore, the delay couldn’t be accepted though the global epidemic Covid-19 caused immense problems.
MP Cumaratunga emphasized that he didn’t want to discuss other matters as the media briefing was especially called to address some specific issues namely the new Constitution and some matters related to the Justice Ministry.
Alleging that the Provincial Councils system in its present form violated the unitary status of the country, MP Cumaratunga said that in line with the mandates received at two national elections, the proposed new Constitution should do away with all those Amendments introduced in the wake of the Indo-Lanka Accord of July 1987 meant to appease separatist sentiments.
Responding to media queries, lawmaker Cumaratunga said that those who voted for the SLPP at the 2019 presidential and 2020 parliamentary elections expected President Gotabaya Rajapaksa to fulfill the pledges given.
Commenting on the enactment of the 20th Amendment in Oct 2020 with an overwhelming 2/3 majority, MP Cumaratunga said that the country expected a new Constitution. Acknowledging the need for what he called an interim constitutional measure in the wake of 2019 presidential election victory, MP Cumaratunga said that he expected the proposed draft Constitution to include the valuable provision to prevent dual citizens with divided loyalties entering Parliament. Cumaratunga said that particular provision introduced trough the 19th Amendment had been neutralized by the 20th Amendment. Therefore, that provision should be brought back.
The post-war Sri Lanka needed a Constitution that reflected Sri Lanka’s triumph over terrorism. Similarly, elections reforms were required to abolish the current Proportional Representation system that encouraged, promoted and strengthened corruption at every level, he said.
Lawmaker Cumaratunga questioned the appointment of Ven. Galagodaatte Gnanasara as the head of Presidential Task Force (PTF) appointed to promote ‘One Country, One Law Concept.’ The civil society activist said that though he appreciated the concept the appointment of Ven. Gnanasara undermined the very concept President Gotabaya Rajapaksa promoted.
Towards the end of the briefing, Cumaratunga discussed how the incumbent government violated the Constitution by creating ministries in excess of the constitutional stipulation that restricted the number of cabinet ministers to 30 and State Ministers and Deputies to 40. The MP expressed appreciation to engineer Kapila Renuka Perera for seeking the Supreme Court intervention in that regard. Lawmaker Cumaratunga said that the 19th Amendment brought in restrictions on the number of ministers at a time the public agitated against top heavy government.
The outspoken MP fiercely criticized those within the government who believed in a so-called national government to overcome constitutional restrictions imposed on the number of ministers. The Yuthukama Chief warned such measures would cause rapid deterioration of the government and erode public confidence on the SLPP administration.
Alleging that former Justice Minister Rauff Hakeem had stopped conduct of classes for law students in Sinhala, MP Cumaratunga said that incumbent minister Sabry stopped conducting of Law College examinations in Sinhala. The MP said that the government should be ashamed of the situation. The MP also pointed out that Supreme Court judgments were delivered only In English and even the Parliament was deprived of a Sinhala copy in respect of major issues such as the ruling on the Colombo Port Commission Bill.
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Unions resist tripartite EPF management plan
… 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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