• Former Speaker’s actions not chargeable unless fraudulent qualification was key to appointment

Parliament officials are awaiting a decision from President Anura Kumara Dissanayake or Prime Minister Dr. Harini Amarasuriya to commence investigating the credibility of educational qualifications submitted by Members of Parliament (MPs), The Sunday Morning learns.

The resignation of Speaker Asoka Ranwala amid controversy over his educational qualifications has sparked discussions about the importance of verifying the credentials of MPs. 

Several Opposition MPs have insisted that the Government investigate the educational qualifications of all MPs.

Speaking to The Sunday Morning, a senior parliamentary official who wished to remain anonymous revealed that, as of yesterday (14), no measures had been taken to verify the educational qualifications submitted by MPs. 

The official further explained that Parliament relied on the information provided to the Parliament Secretariat and highlighted that if discrepancies were discovered, it was left to the House to decide on appropriate action.

However, explaining the legal aspects of providing false educational certificates, former President of the Bar Association of Sri Lanka (BASL) U.R. De Silva, PC told The Sunday Morning that if an individual submitted fraudulent documents to secure a position or benefit and was subsequently appointed based on those false credentials, it constituted a clear-cut act of fraud. 

This act is classified as cheating and the submission of false documents, both of which are offences explicitly outlined in the Penal Code.

He elaborated: “If the individual has taken the position, received a salary, and it later emerges that the documents provided were fraudulent, in addition to facing charges, they must repay all the benefits obtained.”

De Silva pointed out that there was no requirement for an individual to hold a doctorate or any other higher qualification to contest elections. 

“The minimum qualifications are being a Sri Lankan citizen and meeting other relevant criteria. Since no formal educational qualifications are mandated, anyone can enter Parliament through the electoral process. 

“For the post of speaker as well, there is no specific requirement stipulating that the individual must possess particular academic qualifications. Once elected to Parliament, the respective party, with the consent of others, nominates a suitable MP for the position,” he explained.

He stressed that an important consideration was the significant responsibilities that come with being nominated to such a post. These include acting as the chairman of parliamentary committees and overseeing key appointments, such as selecting individuals for roles like foreign diplomats, which were crucial positions.

Noting that whether Ranwala could be charged remained a contentious issue, De Silva said: “In my opinion, it’s not a chargeable offense unless he obtained a post based on the claim. If the position required that specific qualification and he acquired it fraudulently, then he would be liable for conviction. However, in this case, it doesn’t seem to apply.”

He further stated: “The proper course of action for the President would have been to immediately request him to prove the claim. The President could have easily contacted the Japanese Embassy. Ranwala could have explained that the certificate was misplaced and asked for assistance in obtaining it. The university could have been requested to issue a replacement certificate via email, which would have sufficed. Once verified through the embassy, there would be no need to question its authenticity.”

He reiterated: “If it is explicitly required that such certificates are necessary for the post, and the individual, knowing this, claims to possess the qualification, either by submitting fraudulent documents or by verbally assuring that they will provide the proof, and subsequently secures the position, these are grounds for a legal challenge.”

Secretary to the President Dr. Nandika Sanath Kumanayake has formally notified the Secretary General of Parliament in writing that the President has accepted Ranwala’s resignation from the position of Speaker.

In a special statement issued on Friday (13), Ranwala confirmed his resignation, asserting that he had never made any false claims about his qualifications. However, he acknowledged delays in providing relevant documentation confirming his qualifications due to the unavailability of certain records, which he was currently working to obtain from the institutions concerned. 

MP Ranwala also said that the necessary documents, obtainable from the research institution affiliated with Japan’s Waseda University, which conferred his doctorate, would be presented as soon as they became available.

The controversy started when social media users, including university professors, questioned the legitimacy of Ranwala’s doctorate. The situation escalated after the Parliament website removed the title of ‘Dr.’ from his profile in the members’ directory.

Ranwala had reportedly used the title of ‘Dr.’ in official introductions before contesting the General Elections and it was included on the Parliament website following his election as Speaker. 

However, the removal of the title fuelled further public suspicion, leading Opposition parties to demand clarification from the Government.

Ranwala was elected Speaker of the 10th Parliament on 21 November. However, the controversy surrounding his academic credentials overshadowed his appointment, escalating political tensions within Parliament, with the Opposition calling for a no-confidence motion against Ranwala.

Former MP Thalatha Atukorale presented evidence to the media, disputing Ranwala’s academic claims and alleging that he never pursued a doctorate at Waseda University in Japan, contrary to his previous assertions.