Courts

Transparency International files fundamental rights case over medical supplies procurement

Thursday April 18, 2024 5:30 pm

ECONOMYNEXT – Transparency International Sri Lanka (TISL) has filed a Fundamental Rights Application in the Supreme Court requesting the Court to direct the Auditor General to conduct an inquiry into the decision to procure medical supplies from medical suppliers to whom Waivers of Registration had been issued, and recover the cost incurred by procuring medical supplies through them.

“The FR application has been filed in the public interest, with the aim of seeking accountability for the misuse of public resources and the violation of fundamental rights of citizens,” TISL said in a statement.

The cabinet of ministers, incumbent and former health sector officials, former Health Minister Keheliya Rambukwella, companies involved in the supply of Human-IG, treasury secretary, auditor general, Customs, Police, CIABOC and the attorney general are among the 66 respondents named in the petition.

The petition requested Court to declare that “the purported decision of the Cabinet of Ministers and the health authorities to procure medical supplies from Isolez Biotech Pharma AG (Pvt) Ltd, Livealth BioPharma (Pvt) Ltd, Yaden International (Pvt) Ltd, Nandani Medical Laboratories (Pvt) Ltd, Divine Laboratories (Pvt) Ltd, Gulfic Biosciences Limited, Novachem Lanka (Pvt) Ltd and Slim Pharmaceuticals (Pvt) Ltd is wrongful, illegal, unlawful, null and void, and of no force or avail in law.”

“TISL, in its latest FR Application, requests the Court to direct the Auditor General to conduct a special inquiry into the decision to procure medical supplies from medical suppliers to whom Waivers of Registration had been issued, and compute the cost incurred by procuring medical supplies through them.

“In addition, it requests the Court to direct the Attorney General (AG) to commence prosecution of persons identified to have obtained financial or other benefits through the procurement of medical supplies through the use of Waivers of Registration.

“It further requests the Court to direct the AG to recover the costs incurred to the State or the public, and seek compensation from the relevant parties mentioned in the Petition.” (Colombo/Apr18/2024)

TISL statement:

TISL Files FR Petition Over Human Immunoglobulin and Other Controversial Medical Supplies

• The Court’s intervention sought to:
– Declare that importing Human-IG and several other drugs without competitive bids is wrongful and illegal
– Review the issuance of Waivers of Registration
– Direct a special inquiry by the Auditor General
– Direct prosecution
– Direct recovery of costs and payment of compensation to the State or citizens

Transparency International Sri Lanka (TISL) filed a Fundamental Rights Application (SCFR/ 99/2024) at the Supreme Court on April 16th, highlighting the serious ramifications on the health sector and the general public from the recent controversial procurement of medical supplies including human immunoglobulin (Human-IG).

The Cabinet of Ministers, the incumbent and former higher officials in the health sector, former Health Minister Keheliya Rambukwella, the companies involved in the controversial supplies of Human-IG, Treasury Secretary, Auditor General, Director General of Customs, Inspector General of Police, Members and Director General of CIABOC and the Attorney General are among the 66 Respondents named in the Petition.

The FR application has been filed in the public interest, with the aim of seeking accountability for the misuse of public resources and the violation of fundamental rights of citizens.

The Petition requests the Court to declare that the purported decision of the Cabinet of Ministers and the health authorities to procure medical supplies from Isolez Biotech Pharma AG (Pvt) Ltd, Livealth BioPharma (Pvt) Ltd, Yaden International (Pvt) Ltd, Nandani Medical Laboratories (Pvt) Ltd, Divine Laboratories (Pvt) Ltd, Gulfic Biosciences Limited, Novachem Lanka (Pvt) Ltd and Slim Pharmaceuticals (Pvt) Ltd is wrongful, illegal, unlawful, null and void, and of no force or avail in law.

Arguing that the actions or inactions of the Respondents amount to an infringement of the fundamental rights guaranteed under the Constitution, the Petitioners seek the intervention of the Court to review the issuance of Waivers of Registration in procuring medical supplies, and direct the Respondents to comply with the procedural safeguards imposed by law, regulations and rules to ensure transparency in procurement.

“It is evident that the alleged ‘emergency’ which prevailed in the healthcare sector was largely owing to mismanagement, giving rise to concerns as to whether such gross mismanagement is indicative of the machinations of individuals holding office in inter alia the Ministry of Health, who orchestrated the said emergency for ulterior motives,” the Petition states.

This Petition is filed in addition to TISL’s ongoing Petition (SCFR/65/2023), which was filed in February 2023, in view of the glaring malpractices and disregard for compliance with law when importing pharmaceuticals under the Indian Credit Line.

TISL, in its latest FR Application, requests the Court to direct the Auditor General to conduct a special inquiry into the decision to procure medical supplies from medical suppliers to whom Waivers of Registration had been issued, and compute the cost incurred by procuring medical supplies through them.

In addition, it requests the Court to direct the Attorney General (AG) to commence prosecution of persons identified to have obtained financial or other benefits through the procurement of medical supplies through the use of Waivers of Registration. It further requests the Court to direct the AG to recover the costs incurred to the State or the public, and seek compensation from the relevant parties mentioned in the Petition.

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Weather and Climate

Water levels rising in Sri Lanka Kalu, Nilwala river basins: Irrigation Department

Sri Lanka Navy assisting in rescue operations (Pic courtesy SL Navy)

Monday June 3, 2024 2:17 pm

ECONOMYNEXT – Sri Lanka’s Irrigation Department has issued warnings that water levels in the Kalu and Nilwala river basins are rising and major flooding is possible due to the continuous rain. People living in close proximity are advised to take precautions.

“There is a high possibility of slowly increasing prevailing flood lowline areas of Kiriella, Millaniya, Ingiriya, Horana, Dodangoda, Bulathsinhala, Palinda Nuwara and Madurawala D/S divisions of Ratnapura and Kalutara Districts, up to next 48 hours,” it said issuing a warning.

“In addition, flood situation prevailing at upstream lowline areas of Ratnapura district will further be prevailing with a slight decrease.

“The residents and vehicle drivers running through those area are requested to pay high attention in this regard.

“Disaster Management Authorities are requested to take adequate precautions in this regard.”

The island is in the midst of south western monsoon.

DMC reported that 11,864 people belonging to 3,727 families have been affected due to the weather in Rathnapura, Kegalle, Kilinochchi, Jaffna, Mullaitivu, Kalutara, Gampaha, Colombo, Galle, Matara, Hambantota, Puttalam, Kurunegala, Kandy, Nuwara Eliya, Anuradhapura, Polonnaruwa, Badulla, Moneragala, and Trincomalee districts.

Meanwhile, the Meteorology Department stated that showers are expected on most parts of the island today.(Colombo/June3/2024)

Politics

UNP gen secy defends call for postponing Sri Lanka poll, claims opposition silent

The UNP party headquarters in Pitakotte/EconomyNext

Monday June 3, 2024 1:59 pm

ECONOMYNEXT — United National Party (UNP) General Secretary Palitha Range Bandara has defended his call for postponing Sri Lanka’s presidential election by two years, claiming that his proposal was not undemocratic nor unconstitutional.

Speaking to reporters at the UNP headquarters Monday June 03 morning, Bandara also claimed that neither opposition leader Sajith Premadasa nor National People’s Power (NPP) leader Anura Kumara Dissanayake have spoken against his proposal.

“I have made no statement that’s undemocratic. My statement was in line with provisions of the constitution,” the former UNP parliamentarian said.

He quoted Section 86 of Chapter XIII of the constitution which says: “The President may, subject to the provisions of Article 85, submit to the People by Referendum any matter which in the opinion of the President is of national importance.”

Sections 87.1, 87.2 also elaborates on the matter and describes the parliament’s role, said Bandara.

“I spoke of a referendum and parliament’s duty. Neither of this is antidemocratic or unconstitutional. As per the constitution, priority should be given to ensuring people’s right to life,” he said.

“Some parties may be against what I proposed. They may criticse me. But what I ask them is to come to one position as political parties and make a statement on whether they’re ready to continue the ongoing economic programme,” he added.

Bandara claimed that, though thee has been much criticism of his proposal for a postponement of the presidential election, President Wickremesinghe’s rivals Premadasa and Dissanayake have yet to remark on the matter.

“I suggested that [Premadasa] make this proposal in parliament and for [Dissanayake] to second it. But I don’t see that either Premadasa nor Dissanayake is opposed to it. To date, I have not seen nor heard either of them utter a word against this. I believe they have no objection to my proposal which was made for the betterment of the country,” he said. (Colombo/Jun03/2024)

Accidents

300 of 100,000 trees in Colombo considered high risk: state minister

Monday June 3, 2024 1:05 pm

ECONOMYNEXT – Trees in Sri Lanka’s capital Colombo are being monitored by the municipal council, Army and Civil Defense Force as the severe weather conditions continue, State Minister for Defense Premitha Bandara Tennakoon said.

“Within the Colombo Municipal Council city limits, there are 100,000 trees. Of these, around 300 are considered high risk,” Tennakoon told reporters at a media conference to raise awareness about the current disaster management situation.

Not all trees required to be cut down he said. “We can trim some of the branches and retain them.”

The problem was that buildings in the vicinity of the tree had cut branches on one side, causing it to become unbalanced, the minister said.

New laws would be brought in so provincial/municipal institutions could strengthen enforcement of building codes.

“We don’t have a single institution that can issue a warning about a tree. Not one to tell us what trees can or cannot be planted near a road.

“Trees should be suitable for the area. Some trees have roots that spread and damage roads, buildings. When the roots can’t go deep, they tend to topple over.

“Now Environment Day is coming up, and anyone can go plant a tree by the road. We have to take a decision about this. We have to enforce laws strongly in future.” (Colombo/June3/2024)