• Prez Secretariat notes need to consider whether size of residence is befitting, pvt. ownership of house in vicinity of official residences, current monetary value of 1/3rd of pension  
• Secretariat’s Legal Director points out the need to sometimes amend Constitution, relevant Act, Public Admin. circular
• Ranil, Gotabaya, Hema Premadasa have returned official residences, only CBK, MR, Sirisena occupy same 

The President’s Secretariat stated that several official residences appear to have been allocated to retired Presidents outside of the established procedures.

President Anura Kumara Dissanayake and other Government representatives have pledged to curtail the privileges granted to former Presidents, including official residences. However, certain parties claim that such measures may not be feasible under the current legal framework.

The Daily Morning queried the Presidential Secretariat Legal Director attorney J.M. Wijebandara regarding the existing legal situation with regard to the matter, and he said that there are many aspects that should be looked into. 

“The Presidents’ Entitlements Act, No. 4 of 1986, states that a ‘suitable residence’ should be provided to retired Presidents. If such a residence cannot be provided for some reason, it states that an allowance that amounts to one-third of their pension should be provided instead. The Act does not state that they should be provided with residences with acres of land. We should see what type of a residence suits a ‘retired’ person. A residence which can accommodate about two persons is enough. We don’t say that they should be provided with a small house. But, there should be some fairness,” he said. 

In granting an official residence, he said that matters such as whether the former Presidents own any residence in the areas near the vicinity of the official residences should also be considered. 

“In our country, former Presidents don’t deliver any public service. Former Presidents Ranil Wickremesinghe and Gotabaya Rajapaksa and former President Ranasinghe Premadasa’s widow Hema Premadasa have returned their official residences. They also have admitted that it is not fair to have them. Also, these official residences appear to have been allocated to former Presidents in violation of the due procedures. For example, the Supreme Court invalidated the decision to grant a particular official residence to former President Maithripala Sirisena,” he explained. 

When queried about plans to address the issue, Wijebandara said: “If former Presidents are entitled to something under the Constitution, the Constitution will need to be amended. If it relates to a Parliamentary Act, that Act will have to be revised. Similarly, if it concerns a Public Administration circular, it will also require amendment. The relevant parties will make a final decision after considering all these factors.” 

Regarding the provision for granting an allowance amounting to one-third of the pension, he said that the monetary value at the time that the relevant legal provisions were introduced would also need to be taken into account (as the financial value of one-third of the pension is not the same as it would have been in 1986 at the time of the original enactment).

In October of last year (2024), the Cabinet of Ministers had approved a proposal to appoint a committee to look into the privileges granted to Parliamentarians, Ministers, and ex-Presidents. They were tasked with submitting a detailed report within two months with suitable recommendations to limit the entitlements, allowances, and privileges in a rational manner, and their final report was handed over to President Dissanayake recently.

Former Presidents Chandrika Bandaranaike Kumaratunga, Mahinda Rajapaksa, and Sirisena are currently living in the official residences provided by the Government.