Columns

• Different views expressed at party anniversary last week, four conditions laid down to support tomorrow’s budget
• Cricket Corrupt Cricket: AG writes to President explaining situation, while world body suspends Sri Lanka Cricket
• Tie-up between Washington and New Delhi to check China’s influence in Sri Lanka; huge aid package from US agency

By Our Political Editor

Last week, it was the seventh anniversary of the Sri Lanka Podujana Peramuna (SLPP), one that has embodied the good, bad and the ugly in the country’s politics.

A pirith ceremony, among other events, saw a family reunion of the Rajapaksas—a  reminder of the political influence they would come to wield at the next presidential and parliamentary elections. There were also many other takeaways from an otherwise staid religious event.

The shock rise in electricity rates did not deter them from illuminating the trees along Nelum Mawatha at Jayanthipura in Battaramulla. At the two-storied house number 1316, the party’s headquarters, was a three-hour ceremony. Invitations were sent out by Basil Rajapaksa, the founder of the party.

Twice President of Sri Lanka, Mahinda Rajapaksa, still the charismatic leader of the SLPP, was a magnet for those present. They surrounded him, greeted him, and reminisced about his memorable years as a politician. The conversation continued, but he was interrupted by others joining in. He clasped his hands in ayubowan and a broad smile. Two others were a few steps away—former President Gotabaya Rajapaksa, under whose leadership Sri Lanka was plunged into bankruptcy, and Chamal Rajapaksa, onetime Speaker of Parliament. Moving around from storey to storey, to be counted, was onetime minister, Namal Rajapaksa. He has not abandoned his ambitions to become a presidential candidate.

Even if the SLPP was to pay a heavy electricity bill for the glamour and glitter, there were other costs too. There were different enclosures for sweetmeats and a wide array of food items for dinner, The staff from a five-star hotel in the city who wore their crisp white uniforms, were in attendance. To some who served themselves, the fact that the hotel belonged to a leading entrepreneur, one who is being touted as a prospective presidential candidate, was not lost.

Though the SLPP has remained in the country’s political firmament for a relatively short period of seven years, it did set a record at the presidential election. Gotabaya Rajapaksa (SLPP) polled a record 6.9 million votes whilst his nearest rival Sajith Premadasa received 5.5 million votes. Rajapaksa’s early tenure as President was marred by serious allegations of bribery and corruption with some even parking their ill-gotten wealth in secret accounts abroad. Though investigations were conducted, no indictments were made in several high-profile cases. In others, they have gone scott free. The latter part of the rule saw the now infamous string of protests (aragalaya) which forced him to seek refuge in a Navy vessel and later flee the country in an Air Force aircraft. It came after pilots and crew of the national carrier SriLankan airlines declined to have him as a passenger.

Presidential candidate

A lesser-known aspect is the thinking sparked off in SLPP circles by President Ranil Wickremesinghe’s remarks to his party’s 73rd special convention weeks earlier. That was a reminder that presidential elections are scheduled for next year and the parliamentary elections thereafter. Though unpublicized, key players in the SLPP have been discussing the critical issue facing them – who would be their presidential candidate? Though sections in the party have triggered a story among their rank and file that Basil Rajapaksa was their prospective presidential candidate, the factual position is not so. Besides Sri Lankan, he also holds United States citizenship. He has not initiated any measures so far to renounce it. Moreover, the support base he commanded within his party has receded considerably in the past many months. It is known that not more than 21 SLPP parliamentarians were now backing him.

In looking at future SLPP performance, one also must take into consideration the public approval ratings. According to Verite Research, an independent research outfit, the government’s popularity, which stood at 21% in June this year has plummeted to 9 percent this month.

Vajira Abeywardena, the sole UNP parliamentarian, has promoted the idea publicly that Wickremesinghe should not be contested at a presidential election. He has mooted the same idea during interactions with some SLPP colleagues. However, one source familiar with the goings-on said, “It did not resonate well.” The SLPP hierarchy has in the past weeks discussed prospective candidates but has not reached any conclusions. While it is known that Wickremesinghe is a contender, how he will enter the fray is unclear.

Cricket fans gather outside Sri Lanka Cricket Headquarters in Colombo, calling for a change of cricket administration

That there is some unease, if not tension, over his relationship with the SLPP is now known. SLPP General Secretary Sagara Kariyawasam has written to President Wickremesinghe, listing out four conditions to be fulfilled if the party were to support the budget. President Wickremesinghe, who is also the finance minister, will present the budget tomorrow (Monday). The four conditions are:

• Continue the Samurdhi programme. This poverty eradication programme is governed by Act No 30 of 1995. Its main objective is the alleviation of poverty.
• Continue the fertiliser subsidy.
• Resume the decentralised fund for Members of Parliament.
• Avoid suppressing jobs when reforming state-owned companies.

It is highly unlikely that the SLPP will resort to any retaliatory measure if one or more of its demands are not accepted. Nevertheless, the demands it has placed underscore the soured relations with the leadership of their own government. As pointed out earlier, any counteraction could become counterproductive. Firstly, the question is how many votes from its own ranks the SLPP could raise in the event of a vote opposing the budget. That is leaving behind those who may back President Wickremesinghe. Already, the SLPP representation in Parliament is fractured. One faction is led by Wimal Weerawansa and another by Dullas Allahapperuma. Other than that, President Wickremesinghe is now empowered constitutionally to dissolve Parliament and call for parliamentary elections. Hence, the question remains whether the SLPP, above all, is testing its own strength.

Cricket crisis

Adding to the strains caused by the four demands is another aspect. That is the disclosure in Parliament by Sports Minister Roshan Ranasinghe over mass scale corruption in the Sri Lanka Cricket board. Both local and foreign media have carried detailed disclosures of the goings-on which were a serious blot on Sri Lanka’s image. Ranasinghe challenged President Wickremesinghe to sack him from the cabinet of ministers. He was defiant. The ruling parties and the opposition have seldom seen eye to eye in Parliament and have never taken up a joint position over any of the economic issues that befell the country. However, the game of cricket prompted them to join hands to move a resolution to call upon officials of Sri Lanka Cricket to step down. More details of the episodes appear elsewhere in this newspaper. The resolution was proposed by Opposition Leader Sajith Premadasa and seconded by Minister Nimal Siripala de Silva. The resolution said: “This Parliament resolves that in order to uplift the game of cricket in Sri Lanka, the current Chairman and other officials of corrupt Sri Lanka Cricket must immediately step down from their posts, and that in order to continue the administration of the game of cricket devoid of corruption and with transparency, a new set of laws must be adopted for the administration of cricket by way of a Parliamentary Act. ”

That Parliament adopted the resolution unanimously, to say the least, is not a compliment to the government. It was a damning indictment. Firstly, it was an acknowledgment by the country’s legislature that all was not well with Sri Lanka cricket and its officials should go. To that extent, Sports Minister Roshan Ranasinghe won the praise of Sri Lankans. He also erred in some respects, according to a letter sent to President Wickremesinghe last Thursday (November 9) by Attorney General Sanjay Rajaratnam. This is what he said:

“Speech made by Hon. Minister Roshan Ranasinghe in Parliament on 08th November, 2023.

“I refer to the speech made in Parliament by Hon. Roshan Ranasinghe, Minister of Sports and Youth Affairs on 08th November, 2023.

“In his speech, the Hon. Minister has made certain inaccurate and misleading statement with regard to me as Attorney General and my officers of the Department. I wish to clarify as follows:

1.  The Attorney General’s Department was not consulted by the Hon. Minister prior to the promulgation of Extraordinary Gazette bearing No 2356/43, dated 05th November, 2023 by which an Interim Committee was appointed in terms of Section 32 and 33 of the Sports Law.

2.  An opinion of this Department was sought on 25th September, 2023 by the Hon Minister with regard to instituting legal action against persons, pursuant to a report of the Auditor General relating to the T-20 World Cup Cricket Tournament of 2022.

In this regard the Hon. Minister met me and my officers on 06th November 2023 at 1.30 p.m. in my Chambers. At this meeting, the Hon. Minister was informed of the contents of the written opinion of this Department which was dispatched to him during the course of the day. At the said meeting the Hon. Minister informed me of the Gazette he has promulgated on the 05th of November 2023. My officers expressed divergent views on it, but our written opinion was not sought on the impugned Gazette. I advised him repeatedly that the Gazette will be challenged and to be ready with the legal team, as the Minister on previous occasion recalled a case file from the Department to retain Private Counsel.

3.  On 07th November, 2023 the Hon Minister contacted me at about 10.30 a.m. over the phone and stated that he was reliably informed that an Application is being supported for a Stay Order in the Court of Appeal by the ousted members of the Sri Lanka Cricket.

4.  I inquired whether he or his Secretary were served with notice or papers, he replied in the negative. Nevertheless, I advised him to send a brief request letter along with a proxy through his Secretary. As a Minister, a request letter is required as he could retain Private Counsel, unlike his Secretary, who is a Public Officer, for whom the Attorney General is mandated to appear. Further, a proxy is required to mark an appearance in the case, otherwise as Respondents there is no status/standing to appear in Court.

5.  Soon thereafter, I was informed by phone by the Hon. Minister that he is aware that an Interim Order has been granted by the Court of Appeal. It is to be noted up to now the Hon. Minister is yet to hand over the letter of request or proxy to this Department.

Above is the sequence of events that transpired on the 6th and 7th of November, 2023.

“It is reiterated that at no stage was a legal opinion sought or tendered by this Department with regard to the impugned Gazette.

“I annexe hereto the written opinion forwarded by this Department pertaining to the report of the Auditor General for your ease of reference.

“I would be grateful if the above matters clarify the position of this Department with regard to the erroneous utterances made by the Hon. Minister. “

On November 6, 2023, Additional Solicitor General Milinda Gunetilleke wrote to Minister Ranasinghe, on behalf of Attorney General Sanjay Rajaratnam. He said:

“I refer to your letter dated 25.09.2023 enclosing the Audit Report of the Auditor General relating to the T-20 World Cup Cricket Tournament of 2022.

“1. Several malpractices, misconduct, or irregularities on the part of the office bearers or members of the Sri Lanka Cricket have been observed by the Auditor General in the aforesaid Audit Report.

“2. It is observed that the Audit Report has been tabled in Parliament on 19.09.2023 and the Criminal Investigation Department has commenced criminal investigations pursuant to the receipt of a complaint relating to matters disclosed in the Audit Report.

“3. The National Associations of Sports Regulations No 01 of 2016 published in Extraordinary Gazette No 1990/23 dated 27.10.2017 sets out the Duties, Powers and Functions of the National Associations of Sports on Part III of the Regulations which lays down the duties, powers, and functions of National Associations of Sports.

“4. Section 7 (xxii) and 7 of the aforesaid Regulation reads as follows: ‘Every National Association of Sports  shall have the following duties, powers, and functions:

“7 (xxi) follow government standard procurement procedures in respect of procurement and awarding of tenders.

7 (xxii) follow procurement procedure laid down by the government of Sri Lanka or National Procurement Commission in respect of any procurement for funds, which received locally or internationally.

6 It is observed that the Auditor General has highlighted many instances where procurement procedures have been violated by the Sri Lanka Cricket in the aforesaid Audit Report.

7 Section 7 (vii) of the National Associations of Sports Regulations No 01 of 2016, sets out a duty/functions of every National Association to ensure transparency in administration and governance. The Audit Report clearly identifies many instances where this duty/functions has not been performed by Sri Lanka Cricket.

8 Section 39 (1) of the Sports Law (as amended) provides that “the Minister may make general or special directions in writing to the Councils, Committees, Associations, and other bodies established or registered under this Law, as to the exercise, discharge and performance of their powers, functions and duties and such Councils, Committees, Associations and other bodies shall give effect to such directions.

9 It has been brought to the attention of this Department by the Secretary to the Ministry of Sports and Youth Affairs today that an Extraordinary Gazette bearing No 2356/43 dated 05.11.2023 has been promulgated.

10 The Minister may act in terms of section 39 (1) of the Sports Law  (as amended) to direct Sri Lanka Cricket to take action against all persons who are responsible for the committed malpractices, misconduct of irregularities identified in the Audit Report and recover the financial losses incurred as a result of the said malpractices, misconduct and irregularities.

11 In addition, in terms of section 39 (1) of the Sports Law (as amended) in order all or any of the activities of Associations, established or registered under the Sports Law, to be investigated and reported on by such person or persons as he may specify, and upon such order being made, such Associations shall afford all such facilities and furnish all such information, as may be necessary, to carry out every such order. This can include recommendations of the Auditor General relating to the internal issues of Sri Lanka Cricket which can be implemented expeditiously.”

It is not immediately clear whether officials of Sri Lanka Cricket will act on the unanimous resolution adopted by Parliament and send in their resignations. If they do not, then it would be an affront to the country’s legislature. It will amount to defiance and an open challenge to all members of parliament. President Ranil Wickremesinghe confessed to government parliamentarians that he was taking a neutral position on the issue. However, he had also made it known to his confidants that he would implement the recommendations of retired Supreme Court judge K.T. Chitrasiri. He had recommended in a report that a National Sports Development Authority be set up.

The Presidential Media Division said on Thursday, “The Expert Study Committee appointed to recommend a new Sports Act in Sri Lanka has submitted its report to President Ranil Wickremesinghe. The Committee, chaired by Mr. Jagath Fernando, has made a number of recommendations to comprehensively change the existing legal framework and administrative structure for sports in Sri Lanka. President Ranil Wickremesinghe is planning to submit the report of the Expert Study Committee on the Introduction of a New Sports Act in Sri Lanka to the Parliament and prepare a formal draft based on it.

“One of the primary recommendations of the Committee is to establish a National Sports Development Authority (NSDA) to regulate and supervise all sports development activities in the country. The NSDA would be responsible for formulating policies and strategies for sports development and would have full supervision over National Sports Associations. The study committee report has also suggested that the National Sports Development Authority (NSDA) should be implemented to achieve eight basic objectives…..”

The first fallout from the episode came on Friday when the International Cricket Council suspended Sri Lanka. This is what a report on Cricinfo had to say:

“Sri Lanka Cricket (SLC) has been suspended by the ICC with immediate effect because of extensive government interference in the board’s administration.

Though the ICC has termed the sanction a “suspension”, in reality it is a warning as the ICC seeks to prevent further government interference in the running of SLC. As it stands, the suspension will not have any immediate serious impact on Sri Lankan cricket. Sri Lanka’s World Cup campaign ended on Thursday and there is no cricket happening in the country until December. No ICC funds are due to go to SLC until January.

“While the ICC’s quarterly meetings are scheduled for November 18-21 in Ahmedabad, the ICC board met online on Friday to address the SLC situation – government interference in all spheres from administration to finance and even matters concerning the national team. The next course of action will be decided when the ICC board meets on November 21. The ICC’s decision might appear to have come out of the blue, but SLC may not have been surprised. It is understood that SLC asked the ICC board to take this extreme step. The ICC also continues to recognise SLC president Shammi Silva, who is currently in India and attended Friday’s meeting, as the elected representative. He is also likely to be present at the ICC meetings in Ahmedabad as the ICC Board has allowed SLC representatives to be present in an observer capacity.

“The ICC Board met today and determined that Sri Lanka Cricket is in serious breach of its obligations as a member, in particular, the requirement to manage its affairs autonomously and ensure that there is no government interference in the governance, regulation and/or administration of cricket in Sri Lanka,” the ICC said in a statement. “The conditions of the suspension will be decided by the ICC Board in due course.

“On Monday, Sri Lanka’s sports minister Roshan Ranasinghe had sacked the SLC board and installed an interim committee headed by Arjuna Ranatunga, but Sri Lanka’s courts essentially reinstated the board a day later by issuing a 14-day stay order on the gazette that dissolved the board. Since then, the affairs of Sri Lanka Cricket have been debated at length in the country’s parliament. But as of Friday, when the ICC suspension came, it was the elected SLC board headed by Silva that was running cricket in the country.

“Even if the interim committee was in power, the appointment of such committees by the government had not prompted suspension by the ICC before. The previous occasion when an interim committee was in place, from 2014 to 2015, resulted in the ICC putting the funds due to SLC in escrow, and demoted SLC to observer status at board meetings. But they remained a member of the ICC officially.

Sri Lanka’s sports minister has also had the role of ratifying all Sri Lankan national teams, as per the nation’s sports law, which has been in place since 1973.

“SLC chief executive Ashley de Silva refused to comment to the subject.

“SLC is the second Full Member to be suspended by ICC in the last four years after Zimbabwe Cricket was suspended in 2019 for government interference. However, unlike in Zimbabwe’s case, where all cricket activities in the country were abruptly shut down, in addition to a freeze on funding, the ICC will tread carefully in Sri Lanka’s case.”

Charitha Herath, MP and onetime chairman of the parliamentary committee on public enterprises (COPE) in a message posted on X, formerly known as Twitter, alleged that the President of the SLC had asked the International Cricket Council to suspend Sri Lanka. He said, “The manipulative actions within cricket are indeed shameful. Allowing the corrupted group at SLC to persist not only jeopardizes the (cricket) team’s success but also grants space for continued administrative corruption.”

India-US tie-up

Another significant development this week is the tie-up between Washington and New Delhi, for the first time, to counter the growing Chinese influence in Sri Lanka. Last Wednesday, the United States Embassy in Colombo announced that the country’s International Development Finance Corporation (DFC) was committing over U$ 530 million to help the development of a deepwater shipping container terminal at the Colombo Port. The announcement said the assistance would go to the joint venture by Adani and John Keells.

A nuanced news release (see highlighted in black) from the US Embassy added:

“The new terminal reflects DFC’s commitment to financing high-quality infrastructure that supports its partner’s development needs, invests in local communities, and is respectful of local financial conditions. The investment further demonstrates the United States’ enduring commitment to Sri Lanka’s economic growth and its regional economic integration, including with India.

“DFC Chief Executive Officer (CEO) Scott Nathan travelled to Sri Lanka to launch $553 million in financing to Colombo West International Terminal Private Limited to support the development of the deepwater West Container Terminal located within the Port of Colombo.

“DFC works to drive private-sector investments that advance development and economic growth while strengthening the strategic positions of our partners. That’s what we’re delivering with this infrastructure investment in the Port of Colombo,” said DFC CEO Scott Nathan. “Sri Lanka is one of the world’s key transit hubs, with half of all container ships transiting through its waters. DFC’s commitment of $553 million in private-sector loans for the West Container Terminal will expand its shipping capacity, creating greater prosperity for Sri Lanka – without adding to sovereign debt – while at the same time strengthening the position of our allies across the region.”

‘U.S. Ambassador to Sri Lanka Julie Chung said, “The $553 million investment by DFC for the long-term development of the Port of Colombo’s West Container Terminal will facilitate private-sector-led growth in Sri Lanka and attract crucial foreign exchange inflows during its economic recovery. This financing is symbolic of the United States’ long-standing commitment to the development and well-being of the people of Sri Lanka. Sri Lanka regaining its economic footing will further our shared vision for a free and prosperous Indo-Pacific.”

“This investment models how DFC operates, supporting projects that are strategic, economically sound, and led by the private sector. DFC is working with world-class sponsors John Keells Holdings and Adani Ports & Special Economic Zones Limited (APSEZ). These companies’ local experience and high-quality standards will help support local jobs and make this project a long-term, sustained success for the Indo-Pacific.

“The Port of Colombo is the largest and busiest transshipment port in the Indian Ocean. It has been operating at more than 90 percent utilization since 2021, signalling its need for additional capacity. The new terminal will cater to growing economies in the Bay of Bengal, taking advantage of Sri Lanka’s prime position on major shipping routes and its proximity to these expanding markets.

“The U.S. International Development Finance Corporation (DFC) partners with the private sector to finance solutions to the most critical challenges facing the developing world today. We invest across sectors including energy, healthcare, infrastructure, agriculture, and small business and financial services. DFC investments adhere to high standards and respect the environment, human rights, and worker rights.”

Despite all the developments this week, tomorrow’s budget remains very much in focus. More so, after President Wickremesinghe’s teaser about a pay rise for state sector workers and an appeal to the private sector to follow suit.