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Aren’t you also responsible for plight of country, Judge Yasantha Kodagoda asks business community
View(s):Government officials are not the only group responsible for what has happened to Sri Lanka as regards the prevalence of corruption—the business community is also responsible for the country’s plight, said Supreme Court Judge Yasantha Kodagoda, PC, this week.
“Can anyone in the officialdom accept a bribe, unless there are ready givers of bribes?” he asked, as Chief Guest at the Annual General Meeting of the National Chamber of Commerce in Colombo on Thursday. “Are you not ready to give a bribe to an official, for the purpose of securing a contract? Would you not give a bribe to a law enforcement officer in an instance where you have acted contrary to law, for the purpose of getting that law enforcement officer to turn a blind eye? Would you not offer a bribe to get an official to expedite processing an application that you have tendered?”
“Encountered with some difficulty or delay in our day-to-day lives, or pressed by the need to get certain things done through public officials, how many of us can proudly say that he or she has never given a gift, a tip or to put it bluntly, not offered or given a bribe?” he continued, addressing the private sector. “How many of you in the private sector can proudly say that towards the end of the year, you don’t send hampers to public officials with whom you interact? How many of you handling key projects of the government can sincerely say that your budget does not have a percentage allocated for ‘business development work’ or ‘business facilitation payments’?”
Justice Kodagoda said it was very much the duty of the Government to prevent bribery and corruption. It must also hold those responsible for bribery and corruption accountable by having them prosecuted and punished according to law. To achieve this, there must be a sound legal system in place.
In 2023, the Anti-Corruption Act was passed—a strong law vesting in the Commission to Investigate Allegations of Bribery and Corruption (CIABOC) considerable power to investigate and prosecute instances of bribery and corruption and illegal acquisition of wealth by those to whom the Act applies. The Commission is also entitled to take action under the Prevention of Money Laundering Act while
a Proceeds of Crime Act is in the pipeline.
But developing a country free of corruption is not only the duty of the government, Justice Kodagoda reiterated. He summarised the role of the business community: “First, those who possess information regarding corruption including the location of concealed proceeds of crime or property to which proceeds of crime have been converted, must reveal what they know to the Commission.”
“Second, when the Commission seeks information and documents relating to matters being investigated into, people who have access to such information and documents must cooperate fully and make available what is being sought, and be ready to make statements to the Commission and thereafter give truthful evidence in court,” he stressed.
“Third, you must refrain from the desire to bribe officials and thereby secure government contracts for the supply of goods and services,” he said. “Do not give gifts to public servants and to elected officials, with the view to securing a business advantage to your institution. In your expenditure budget, do not assign funds for bribery. Do not encourage officials to accept unsolicited proposals developed by you. Do not seek advance information regarding prospective emergency procurements. Be ready to compete for business in a transparent and fair manner. In other words, I am asking you not to directly or indirectly abet or incite bribery and corruption.”
“Fourth, within your respective organisations, develop a culture of integrity and zero tolerance for bribery and corruption,” he emphasised, encouraging large organisations to appoint “integrity officers”, openly encourage whistle-blowing relating to corruption and encourage auditors to bring to the attention of their Boards possible instances of corruption.”
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