A landmark case

Wednesday's landmark Supreme Court judgement which penalised a former head of state for impropriety in dispensing with State property no doubt is the first time a Lankan President had been called upon to explain his/her actions after retirement.

The Court found former President Chandrika Bandaranaike Kumaratunga guilty of abuse of power in ordering the alienation of acquired state land for a private venture at a great financial loss to the State.

The 224 acre UDA land at issue had been originally acquired to be turned into a water retention wetland for flood prevention. The Ex-President was also ordered to pay the state R.3 million while the Bribery Commission is to probe the whole deal.

The Highest Court of the land declared that the conduct of the former President was a breach of public trust. It also declared the transaction arbitrary and illegal.

The judgement no doubt underscores the need for those entrusted with public office to always act in the interests of the public. This is based on the premise that public office is always held in trust on behalf of the public. Flowing from this is the need for accountability and the highest degree of probity.

Such office carries with it a sacred responsibility to always work for the public good and in the public interest. We have had the experience of the past where most leaders once in power indulged in self aggrandizement and did as they pleased losing sight of their duty to the public.

Of course there were also leaders who conducted themselves with the highest degree of decorum and honour and gave off their wealth and sacrificed their personal property for the public. Some of these leaders even sacrificed most of their personal wealth to serve the people.

That was an era when people with wealth opted for a role in public life out of genuine concern for the people unlike today when many take to politics for power and privilege. It would be ideal if all politicians today hark back to those values and ethos and reshape their outlook as true servants of the people.

What should be uppermost in their minds is they have been appointed by the public to a position of trust and to wield their power with the public interest foremost in their minds. Thankfully we have in our midst public spirited litigants who are prepared to hold public officials accountable for their actions and this it is hoped would precipitate a groundswell of public opinion against abuse of power by politicians and public officers.

There is also a necessity for in-built structures to ensure that public funds are not squandered at the will and pleasures of those in power without having to account for them. Now action against corruption and abuse of power results only if cases are filed before the courts.

A system of checks and balances is needed to enable the proper utilisation of public funds. Today it is no secret that there is waste and corruption in state institutions with no one held accountable.

What we are talking here is about public funds collected by way of taxes. Time was when there was a great probity in the affairs of State institutions with a clear chain of command. This ensured the right checks and balances in expending public funds and provided a bulwark against corruption.

In this context the Auditor General should be vested with additional powers to put things in order. Above all the public should rise to protect and assert their rights. This while saving much time and resources in legal action would also keep all the powers that be on their toes. They have every right to do so as public funds are involved.

In any case, it is advisable for both public and private sectors not to rush into major projects without following proper procedures and addressing environmental concerns.