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| Monday, 2 February 2004 |
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Politics | |
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| Following complaints of large scale corruption by Govt. Ministers: UNF conspiracy to cripple Bribery Commission exposed The UNF Government which vowed to eliminate bribery and corruption from Sri Lanka's body politic at the last election, is now hatching a conspiracy to cripple the functioning of the Commission to Investigate Allegation of Bribery and Corruption with the coming to light of large scale acts of corruption by Government Ministers, civil society groups charge. The Presidential Secretariat in a media release titled 'The non functional Bribery Commission, why?' states: "There has been much public debate in the past one year about inaction on the part of the state to curb bribery and corruption said to be rampant. One of the reasons attributed to the failure is a non functional Bribery Commission. Sections of the media have laid the blame on President Chandrika Bandaranaike Kumaratunga for the inaction of the Bribery Commission. l The three-man Bribery Commission was rendered nonfunctional after the demise of Commissioner T. N. Abeyweera on February 2, 2003. l Bribery or Corruption Commission Act No. 19 of 1994 prescribes that the commission should comprise three members and not less for it to be 'legally constituted.' l The Constitutional Council on February 10, 2003 recommended the name of Mr. U. de Z. Gunawardene as a replacement for Mr. Abeyweera and however withdrew the recommendation on February 12, 2003. l Since the demise of Mr. Abeyweera, the President has urged the Constitutional Council, the Prime Minister and also the Cabinet of Ministers (in all, on four different occasions) to expedite this issue of recommending a suitable name for the appointment but has had no response to date. l The Constitutional Council states that no suitable candidate has expressed willingness to apply for the post of Commissioner. l The President pointed out to the Constitutional Council that the main reason for this reticence is the recruitment procedure. The candidates are required to declare their assets and liabilities along with those of their family members. The usual practice in all branches of the Public Service is for a person to give a statement of his/her assets and liabilities after appointment to the post and not at the stage of submission of applications. l President Kumaratunga informed the Council, that most renowned persons who possess the qualifications stipulated by the Constitutional Council, such as senior judges would not agree to undergo such detailed scrutiny as envisaged by the Council. l Meanwhile the Chairman of the Commission also suggested on April 30, 2003, it would be prudent to amend the Bribery Commission Act in line with the other Commissions under the 17th Amendment and enable it to function while awaiting the appointment of the third Commissioner. This was endorsed by the President. l On July 16, 2003 the Prime Minister wrote to the President agreeing with the President's recommendations to reconsider the selection procedure requiring irrelevant personal details. The Prime Minister in the same communication promised to follow up this matter with the Constitutional Council. However no action has been initiated to date. l Hence the President submitted a note to the Cabinet of Ministers on September 5, 2003 pointing out the urgency of filling the vacancy in the Bribery Commission. The President also brought to the notice of the Cabinet, other administrative and financial matters in abeyance which are hindering the investigations of pubic complaints of bribery and corruption. l The Government then proposed some irrelevant additional amendments, such as, an increase in the number of Commissioners from three to five. The Draft Act also sought to remove the judicial qualifications required for the members of the Commission. l This proposal was sent to the Cabinet without consulting the President or seeking the views of the Commissioners of the Bribery and Corruption Commission although the subject is within the direct purview of the President. l The President then wrote to the Prime Minister stating her objections to increasing the number of Commissioners from three to five and also emphasised the Commission is a quasi judicial body and the appointees should have judicial training and experience. l The President has advised the Prime Minister to refrain from hasty legislation and urged him to take immediate measures to ensure that the Constitutional Council recommends a suitable candidate for the post of Bribery Commissioner. In conclusion, she told the Prime Minister the rampant corruption in the Government must be brought to an end. The President is of the view that the Constitutional Council which has a majority of members appointed by the UNF-the Prime Minister's Party, is for some unknown reason continuing to delay the Bribery Commission from discharging its constitutional duties." |
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