Sunday Times 2
Sacking a whistleblower: Whither good governance?
View(s):By Charitha P de Silva
I was shocked to read in newspapers that Maithri Guneratne, Chairman of Lanka Coal Board, had been sacked for whistleblowing.
There were a number of reasons for my being shocked. The first was that it was against the spirit, if not the letter, of the law. Section 40 of the Right to Information Act provides protection for whistleblowers within public authorities. Officers or employees of public authorities that disclose information that ‘is permitted to be released or disclosed’ under the Act are safeguarded from punishment (disciplinary or otherwise). Maithri’s offence was that he had exposed a huge scam in the awarding of a tender – a scam that had ‘shocked the conscience of the Supreme Court’! He should have been congratulated and honoured for doing it.
The second reason I was shocked was that Maithri himself is a lawyer with a spotless reputation for probity. I do not know anything about the reputations of those behind the sacking, but common sense seems to indicate that they were on the side of the scammers. That immediately casts a stain on their characters.
The third reason I was shocked was that it was an extraordinarily foolish thing to do if the aim of this Government is to eliminate corruption. This Government came into power on a wave of revulsion against the unmitigated corruption of the previous regime. Whistleblowing is vital in the battle against corruption. It should be practised in both the public and the private sectors. (I feel very strongly about this because I introduced it in Aitken Spence & Co Ltd more than forty years ago). It needs a lot of courage on the part of the Whistleblower because there is always the danger of reprisals by those who are exposed. That is the reason for the legislation in the RTI Act.
While the record of this Government is that it seldom loses an opportunity to shoot itself in the foot, this latest act is startling in its imbecility. How on earth can the President who is known to be dedicated to good governance permit such an atrocity?
While it is obvious that I am both shocked and angered by the sacking of a whistleblower, I would like it clearly understood that despite all its blunders this Government is a vast improvement on the corrupt dictatorship that was overthrown. The people who showed amazing courage and wisdom in overthrowing what looked like an invincible regime, should never be so disillusioned by the ineptitude of our present rulers that they react by enabling the previous lot to regain power. That would be the height of folly. We should do our best to help improve the performance of our present leaders. Constructive criticism (like the foregoing) would be an essential component of this effort.