News
Penal Code inadequate to deal with Meegoda-type incidents – Prathiba
… finds fault with successive govts. for not amending relevant laws to impose deterrent punishment
Prof. Prathiba Mahanamahewa said that the powers that be should promptly initiate action to introduce necessary amendments to the Penal Code to deal with Meegoda-type incidents.
Law academic Mahanamahewa said that the Penal Code, in its existing form, was not sufficient to deal with the increasingly reckless driving. The civil society activist urged the Parliament to consider necessary amendments to the relevant law to impose strict liability in respect of horrendous hit-and-run acts and accidents.
The Vesak Day incidents that claimed the lives of six people and caused injuries to a dozen underscored the failure on the part of successive governments to amend both the Penal Code and the Motor Traffic Act to deal with the developing situation. Having crashed onto people around midnight Sunday, the intoxicated driver drove away knowing the catastrophic results of his reckless action, Mahanamahewa said, adding that the current law was insufficient to deal with the killer driver.
Responding to The Island queries, the lawyer said that in terms of strict liability a person/persons or group are held responsible for damages, injuries, or offences, regardless of their intent, recklessness, or negligence, and are liable, even if they took every possible precaution to prevent.
According to Mahanamahewa the Motor traffic Act could be amended to pave the way for a point system to govern driving license leading to the cancellation in case of unstoppable deterioration of a particular driver.
Mahanamahewa compared the Meegoda incident with the bus-train collision at a level crossing at Yangalmodara, Alawwa, that claimed 40 lives, while causing injuries to nearly 40 other commuters, on 25 April, 2005.
The then Kurunegala High Court Judge Priyantha Fernando sentenced the driver and conductor of the ill-fated bus to death on 05 April 2013.
Since then there had been a spate of major accidents but successive governments failed to act, the lawyer alleged, pointing out that the death sentence given in the Yangalmodara incident gave the government an opportunity to take tangible measures against reckless driving. Reckless drivers must be dealt with harshly to ensure the safety and security of road users, he said, pointing out that tougher laws would protect lives.
By Shamindra Ferdinando
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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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