News
Sobitha Thera moves Supreme Court against coal deal
Ven. Omalpe Sobitha Thera, former MP of the Jathika Hela Urumaya (JHU), has filed a fundamental rights case in the Supreme Court, challenging the controversial coal deal and the process of awarding it.
Lanka Coal Company awarded the tender for the supply of 4.5 million metric tons of high calorific coal to Black Sand Commodities of Dubai.
Back Sand Commodities was the only responsive bidder. Subsequently, Lanka Coal Company ( LCC) Chairman, Jagath Perera, admitted that LCC had, with the approval of the Special Standing Cabinet Appointed Procurement Committee (SSCAPC), changed the qualification criteria so that third parties could bid with registered bidders. This changed was made just six days prior to the closing date of the tender and Black Sand Commodities entered the tender process, through that change, representing an already registered supplier, Suek AG.
In his petition to the Supreme Court, the petitioner has made the entire Cabinet of Ministers, the SCAPC members, and the TEC members, respondents. Lanka Coal Company and some of its officers, and Black Sand Commodities, have also been made respondents in the petition.
The entire process of amending the tender clauses has been tailor-made to accommodate Black Sand Commodities, which was not a party identified as a registered supplier, the petitioner has claimed. Although this tender is an international tender, which was the largest ever tender in Sri Lankan history, no proper publication has been made to the said amendment, thereby denying the interested parties to join hand with other registered suppliers and bid more competitive terms and prices, and as a result of that, the country is paying at least 500 million USD more than the market price, the petitioner claimed. “Process that has been followed has denied the people of Sri Lanka to secure and purchase coal on more favourable terms,” it further said .
As per the amendment , only a registered supplier can submit bids, together with a third party, and the amendment does not permit third party to submit bids, independently, the petitioner has said. Accordingly, Black Sand Commodities, which is not a registered supplier, in any event cannot supply a bid by itself. As such, the TEC and SSCAPC should have declared this bid invalid, the petitioner has said.
In his petition, Omalpe Thera has questioned the price at which the tender has beenawarded when the market price was much lower than the one quoted. As per his claim, entering into a long term contract for a commodity of which the price is highly fluctuating, is not rational and reasonable.
The petitioner states that there has been debilitating post-independence corruption and waste accumulating and gathering momentum, and he and like-minded citizens are of the view that, as a nation, there must be an entrenched, zero tolerance towards corruption, bribery, waste and misuse of public funds. Corruption is one of the greatest challenges facing contemporary Sri Lanka and indeed, other emerging nations.
Not only must proposals and/or bids, that are submitted in a tender, be subjected to intense scrutiny and meticulous evaluation, by experts in that particular field, without any form of influence or corruption, but there should be installed a multi- structured approval process, so that there are proper checks and balances.
In another development, as reported by The Island, previously, the claim that Black Sand is giving six months interest free credit seems to be a misrepresentation of actual facts. As per the tender, supply is made on a 150 days irrevocable LC, to be opened at People’s Bank, by LCC, or otherwise, funds needs to be deposited in an escrow account, prior to shipment. “Whether People’s Bank has a facility in LCC’s name for a 350 million USD (for six months shipment) is a big question, for which only People’s Bank knows the answer,” industry analyst said.
As per the award letter, issued by LCC, on 25 August, Black Sand is required to submit the performance bond within 14 days, that is before 8 September, but this has yet not been done .
News
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.”
News
Two arrest warrants issued for Gnanasara thera
The Colombo High Court and Court of Appeal yesterday issued arrest warrants for the Bodu Bala Sena general secretary Galagoda Aththe Gnanasara in a case involving an alleged statement insulting Islam.
The arrest warrants were issued on Tuesday and Wednesday. The Court of Appeal issued an open warrant two weeks after the court rescinded the presidential pardon granted to the thera when he was serving a six-year term for contempt of court.
The Appeals Court also imposed a travel ban on the monk and ordered that the Controller General of Immigration and Emigration be informed of the restriction.
The case was taken up before Colombo High Court Judge Buddhika C. Ragala. Gnanasara Thera was not present when the case was called.
A medical report was submitted stating that Thera was unwell, while his sureties also failed to appear before court. His counsel, Asoka Weerasuriya, told court that his client wished to bring the case to an early conclusion and that representations had been made to the Attorney General in that regard.
However, after considering the submissions, the High Court judge said he was not satisfied with the medical report submitted on behalf of the accused. The court also noted the failure of the sureties to appear.
The judge subsequently ordered that Gnanasara Thera be arrested and produced before court.The Attorney General filed the case under provisions of the Penal Code, alleging that remarks made by Gnanasara Thera concerning the Holy Quran amounted to an insult to Islam.
News
CA dismisses GR’s writ petition against arrest
A two-member bench comprising Court of Appeal President Justice Rohantha Abeysuriya and Justice Sarath Dissanayake yesterday (1) dismissed a writ petition filed by former President Gotabaya Rajapaksa seeking judicial intervention to prevent his arrest under the Prevention of Terrorism Act (PTA) in connection with the ongoing investigations into 2019 Easter Sunday terror attacks.
The writ petition was rejected in limine.
In the petition, the former President cited Inspector General of Police Priyantha Weerasooriya, Criminal Investigation Department (CID) Director Shani Abeysekera, the Officer-in-Charge of the CID’s Special Investigations Unit and the Attorney General as respondents. The ex-President sought the court intervention after the arrest of former head of the State Intelligence Service (SIS) retired Maj. Gen. Suresh Sallay over the Easter Sunday attacks.
Since then , former Director of Directorate of Military Intelligence (DMI) has been named as a suspect.
Earlier, the Fort Magistrate’s Court imposed a travel ban on him in relation to investigations stemming from allegations made by Asad Moulana in the Channel 4 documentary on the Easter attacks.
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