SC decision on Port City Bill a win for the masses, accountability: SJB

 Opposition MPs Ranjith Madduma Bandara, Dr. Harsha de Silva, Rauff Hakeem and SJB Deputy National Organiser Buddhika Pathirana at yesterday’s media briefing

•  Says decision strengthens public faith in Judiciary
•  Says parliamentary oversight crucial in deciding tax holidays and exemptions
•  Hopes to introduce amendment to ensure Port City Commission includes State officials accountable to Parliament
•  Reiterates need for CB to be in charge of regulatory process to mitigate potential for money laundering

By Asiri Fernando

The main Opposition Samagi Jana Balawegaya yesterday described the Supreme Court ruling on the Port City Commission Bill as a victory for the masses in ensuring proper checks and balances.

“We as the SJB see this as a victory for the public. The Supreme Court has restored parliamentary oversight regarding the proposed Port City Commission,” SJB MP and former Economic Reforms Minister Dr. Harsha de Silva told the media.

MP Madduma Bandara also praised the Supreme Court decision, pointing out that it will strengthen the public faith in the judiciary.  “We are grateful, and we respect the Supreme Court,” he said, adding that the rights of the public had been protected. MP Rauff Hakeem and SJB Deputy National Organiser Buddhika Pathirana were also present at the briefing. 

“We view this as a great victory for accountability and the public. We wanted the Bill to include parliamentary oversight, especially regarding tax exemptions and tax holidays. The Supreme Court has said that such actions should be subject to parliamentary approval. Now, elected parliamentarians will have the right to look into these matters and question relevant officials regarding them,” de Silva explained.

He stressed that the SJB as a responsible Opposition has maintained that they want the Port City project to be successful, pointing out its role in the country’s future growth.

“We are happy that the Supreme Court has taken into account many of the concerns we had regarding the Bill and has told the Government that if amendments are not done, they will need a two-thirds majority, or a two-thirds majority and a referendum, to get the current Bill approved,” de Silva added. 

He also pointed out that the Supreme Court had stated that if the Government wanted to continue with bestowing the Port City Commission with powers to enact laws, the Government will not only need a two-thirds majority but will also need to hold a referendum on the issue.

However, the Opposition MP said that it was unfortunate that the Supreme Court had not given an opinion regarding their request to make the Port City project a State corporation. De Silva said that the SJB plans to amend the Bill in Parliament so as to allow some taxpayer funds to be used as capital for the project, adding that such a move would legally bind the project with Sri Lanka’s sovereignty.

The former State Minister pointed out that the SC decision will see a majority of the proposed Port City Commission be made up of Sri Lankans, adding that the Opposition plans to introduce another amendment aimed at filling the positions with State officials who are accountable to Parliament.

“Some in the Government have claimed that President Gotabaya Rajapaksa will never appoint unsuitable persons to this commission. However, we have to think long term. This law will be for 99 years. What will happen in 10 or 20 years? Can the person who becomes President then be trusted too? This is not how people should be appointed. It must be done in accordance with the constitution. Therefore, we will propose an amendment to appoint state officials to the commission,” de Silva argued.

The Opposition MPs also explained that the Supreme Court decision was a win for local industries and entrepreneurs, pointing out that laws in the proposed Bill would have given an unfair advantage to companies registered within the Port City over local businesses which were not. “The Supreme Court has upheld our view on the matter, stating that any business registered within the Port City will have to comply with laws of entities they do business within other areas of the country,” de Silva said.  

De Silva also highlighted concerns about Port City Colombo becoming a platform for money laundering and not attracting the kind of investors that Sri Lanka wanted. “We have maintained that the Central Bank should be in charge of the regulatory process of the Port City. The Supreme Court has upheld our view regarding this. They have not only given regulatory powers to the Central Bank but also extended regulatory control of other regulators.”

He expressed confidence that following the Supreme Court decision, and if amendments introduced are adopted, the Port City project can become a significant contributor to the country’s economic growth in the future.