The Centre for Policy Alternatives (CPA) is concerned by several media reports that the Sri Lanka Podujana Peramuna (SLPP) has appointed Mr. Dhammika Perera to fill the National List seat which became vacant by the resignation of Mr. Basil Rajapaksa.
CPA notes that according to media reports, Mr. Dhammika Perera was not a member of the SLPP until a few days ago and that in any event his name was not included in the list of persons qualified to be elected as Members of Parliament, in terms of Article 99A of the Constitution (the “National List”) or any of the district lists submitted by the SLPP for the Parliamentary Election held in August 2020. Mr. Dhammika Perera has business interests in several public and private limited companies covering several important sectors in the economy.
Decisions made by Mr. Perera as a legislator, and possibly as a future Minister, would have a significant and direct impact on these companies and sectors, which creates a direct conflict of interest. These conflicts of interest are not resolved simply by Mr. Perera resigning from official positions held within the companies as he would nonetheless stand to gain significant financial benefits.
These circumstances make it all the more important why the citizens of Sri Lanka should have known of the potential of Mr. Perera being appointed to Parliament when they voted in the Parliamentary Election held in August 2020. Additionally, if businesses in which Mr. Perera has an interest in, enter into or continue with contracts “made by or on behalf of the State or a public corporation”, this could be a violation of Article 91(1)(e) of the Constitution. CPA’s position is that in terms of the Constitution, only a person whose name was included in one of the district nomination papers, or the national list submitted by a political party or independent group, is entitled to be nominated to fill such a vacancy in the membership of Parliament.
CPA has maintained this position consistently and has raised concerns when such appointments were made previously, including by challenging several such appointments in Court.
In 2016, CPA filed a case challenging the National List appointment of Mr. Sarath Fonseka by the United National Party (UNP). In that case, the Supreme Court refused to grant leave to proceed, but no substantive order with reasons was issued.
In January 2020, CPA criticised the appointment of Mr. Saman Rathnapriya and Mr. Basil Rajapaksa on a similar basis.
