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Venality in motion

Venality in motion

05 Nov 2024


Recent legal actions, including the arrest and remanding of former Parliamentarians and Ministers Johnston Fernando and Lohan Ratwatte have raised serious concerns about the integrity of politicians, and have brought up again the usual discussion about corrupt politicians. The allegations against the two politicians entail the illegal importation and assembling of motor vehicles and the use of vehicles with no proper registration.

Investigations and court proceedings are underway regarding both the cases. Fernando has been enlarged on bail, while Ratwatte and his wife are in remand.

Allegations of Sri Lankan politicians being involved in illegal activities, especially corruption, are not new, and there are countless investigations into such incidents. What the country would like to see more is proper prosecutions that result in the penalising of offenders. However, in many cases, various reasons such as the lack of evidence or flaws in investigations have posed challenges.Sri Lanka is going through an era of reforms with anti-corruption efforts being one of the foremost priorities. In that context, more innovative and rigorous efforts are necessary to identify and initiate action against corrupt politicians.

These concerns have become a topic of discussion in a context where the previous administration has also been accused of allowing the misuse of State-owned vehicles by providing vehicles to certain officials that did not have clearly defined, duty-based positions. These developments are concerning especially in the current socio-economic context, where the importation of vehicles has been banned for the greater good of the economy. The ban, which was imposed during the peak of the Covid-19 pandemic, has remained to date, making it illegal to import vehicles, especially those used for personal use. In such a context, how these vehicles or parts enter the country is a question, and this is not only a matter about import taxes but is also about violating the import ban which has rendered ordinary citizens unable to purchase a vehicle even if they had money.

In light of these recent allegations regarding the misuse of State-owned vehicles and the possession of illegally imported or assembled vehicles, one step that can be taken is to implement a comprehensive vehicle audit for all current and former Members of the Parliament. This initiative can strengthen anti-corruption efforts, which in turn promotes accountability and transparency within the political system.

The first step in implementing the vehicle audit is to establish a dedicated task force consisting mainly of representatives from the Department of Motor Traffic, the Department of the Auditor General/the National Audit Office, the Commission to Investigate Allegations of Bribery or Corruption, and also anti-corruption civil society groups. This task force would be responsible for designing the audit framework, ensuring that it is thorough and systematic. The audit should include a detailed inventory of all vehicles assigned to or owned by MPs, with a focus on verifying documentation such as registration papers, import certificates, and any modifications made to the vehicles.

Next, a public database should be created to record the findings of the audit. This database should be accessible to the public, allowing citizens to monitor and scrutinise the vehicle ownership of their elected representatives, both former and current. To ensure compliance, the task force should conduct surprise inspections and encourage whistleblowers to report any discrepancies. Engaging the media throughout the process will also heighten public awareness and pressure politicians to comply with the audit.

The benefits of this audit are multifaceted. Firstly, it will deter politicians from abusing their positions to gain undue perks or to misuse State resources. Secondly, it will identify instances of corruption, providing a basis for legal action against those found in violation of the law. Transparency in vehicle ownership will also promote ethical conduct among public officials, especially those involved in vehicle registrations and the clearance of imported vehicles, encouraging them to be more accountable. Finally, the findings of the audit can be utilised to propose legislative reforms aimed at strengthening regulations surrounding Government vehicle usage. By publicising instances of misuse and the corresponding penalties, the Government can send a clear message that corruption will not be tolerated. 

Such audits should be implemented with close attention to the Sri Lanka Customs, as it is impossible to import vehicles or vehicle parts (to be assembled) without going through Sri Lanka Customs. At the same time, we cannot ignore the fact that the Customs is known as one of the most corrupt public institutions, which has caused controversy due to corruption related allegations on a number of occasions.

Corruption can take place in a multitude of ways, and taking legal action against the illegal use, ownership, or possession of vehicles is but one aspect of the solution that the country needs. However, in a context where even the existing regulations such as assets and liabilities’ declarations cannot be expected to be completely foolproof, more rigorous and newer measures are a need of the hour.




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