Serious accusations have been leveled against both political figures and the very authorities tasked with implementing Sri Lanka’s much-debated Anti-Corruption Act No. 9 of 2023. Waruna Rajapaksha, an activist from the Samagi Jana Balawegaya (SJB), claims that certain provisions of the Act are being flagrantly violated by those in power.
Rajapaksha highlights that politicians and officials who publicly disclose information regarding investigations conducted under the Act could face penalties outlined within the legislation itself, including imprisonment for up to seven years or a fine not exceeding one million rupees.
Breach of Confidentiality: A Punishable Offence
A key point emphasized by Mr. Rajapaksha is the critical importance of maintaining confidentiality during investigations.
- Prohibition on Information Disclosure: Section 127 of the Act explicitly states that any individual who reveals information about a complaint made to the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), or discloses that an investigation is underway or imminent, is committing an offense.
- Officials’ Responsibility: Furthermore, Section 28 mandates that members of the Commission, the Director General, or any other official must not disclose information obtained during their duties to anyone other than for the purpose of enforcing the Act (e.g., providing it to the police or Attorney General).
Rajapaksha questions whether the confidentiality requirement is being breached by politicians making statements such as “so-and-so will be arrested tomorrow,” and by CIABOC officials holding press conferences to prematurely disclose details of ongoing investigations.
Investigations Can Commence Without Complaints
Mr. Rajapaksha also underscored that the primary objectives of the Act include enhancing transparency in governance and bolstering public trust in the government.
- CIABOC’s Autonomous Power: Contrary to what many politicians suggest, the Commission does not need to wait for complaints regarding asset declarations. He clarifies that it is CIABOC’s role to investigate the veracity of these declarations once they are received.
“The Members of Parliament who passed this Act, as well as the citizens, have a greater responsibility to protect it. Moreover, the authorities of the Commission have a duty to implement the Act fairly, without using it as a political weapon and without exceeding its powers,” Rajapaksha concluded.
