The Supreme Court this week granted suspended members of the governing body of the Chartered Institute of Management Accountants (CIMA) Sri Lanka leave to proceed with their fundamental rights petition regarding the December suspension of the CIMA Sri Lanka Divisional Council.
The petitioners said the suspension has had disastrous consequences to their profession and violated their fundamental rights. In addition, they have vehemently objected to this 'most unreasonable and arbitrary suspension of their duly and legitimately elected Divisional Council and lodge their respective protests with CIMA, UK.' The petitioners are President of CIMA Sri Lanka Divisional Council Ms. Gowri Shanker Somasunderam, Deputy President of CIMA Sri Lanka Viren Wijesinghe and Divisional Council members - Sunil Dharmaratna, Keith Bernard and Dinesh Weerakkody.
According to the petition, CIMA Sri Lanka was suspended in December 2008 through an email by CIMA President Glenn Lowth stating 'failures of governance within the Sri Lanka Divisional Council and by a lack of adherence to CIMA's global strategic goals and rules' on the recommendation of an independent review’. Mr. Lowth added that 'business will continue as usual and there will be no impact on the service that our stakeholders receive. Members, students and employers will be unaffected by this decision.'
The petitioners stated that consequent to this most unreasonable and arbitrary suspension of the Divisional Council, the CIMA Sri Lanka Division, which among its many activities also conducts Computer Based Examinations, is now effectively without its due oversight and supervision by members represented by a Divisional Council. Furthermore, this suspension has in effect placed the CIMA Sri Lanka Chief Executive Officer, without due and proper check, in charge of all matters, including financial administration of CIMA Sri Lanka, which matters were previously supervised by members, represented by the Divisional Council.
Furthermore, the petition stated that the CIMA management accounting fraternity has been most unfortunately humiliated and insulted, by this purported suspension, of their duly elected representatives, without due recourse to them. The petitioners further state that in view of the purported and impugned suspension, the member related activities at the Division, including various continuing professional development programmes, seminars and symposiums, have had to be postponed.
The petitioners also stated that in view of the wide publicity given to the purported suspension in Sri Lanka and overseas, the image of the management accountancy profession in Sri Lanka, as well the finance and accountancy profession in general, has been severely and detrimentally tarnished, which would without doubt create a negative perception on the Sri Lankan finance sector, which may also result in a reduction in foreign investment.
The petitioners are asking the Supreme Court to declare and direct the respondents, who include the Minister of Vocational and Technical Training and the Minister of Higher Education, to formulate regulations and/or formal, enforceable rules under and in terms of inter-alia, the Education Ordinance No. 31 of 1939 (as amended) and/or the Tertiary and Vocational Education Act No. 20 of 1990 (as amended), and / or such other relevant Law/s, in order to regulate and monitor matters pertaining to the governance, control and local functions of foreign institutions and/or branches of such foreign institutions, providing education services in Sri Lanka, including CIMA, UK, and/or to prevent or restrict undue interference with their lawful activities in Sri Lanka. |
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