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Port City Commission’s Legal Advisor quits

18 Oct 2021

  • Was a nominee of the President’s Secretary
  • Comes amid clash between Commission Chairman and President’s Secretary
  • Had also served as China Harbour Engineering Company consultant 
By Pamodi Waravita Colombo Port City Economic Commission Legal Advisor Nihal Jayawardena PC, and Commission Secretaries Capital City Corporate Services (Pvt.) Ltd., have resigned from the Commission last week, The Morning learnt. The two resignation letters, as seen by The Morning, were addressed to the Commission’s Chairman Gamini Marapana PC. Jayawardena’s letter was dated 14 October, and has cited “personal reasons” for his resignation. The Commission Secretaries are Capital City Law, led by Nihal Jayawardene PC and Attorney-at-Law Shamalie Gunawardana. Jayawardene PC had also been a legal consultant to the Port City’s project investor, China Harbour Engineering Company (CHEC), which, sources told The Morning, created issues of conflict of interest, as the Commission serves the interests of both Sri Lanka and the investors. Although The Morning attempted to contact Jayawardene regarding the matter yesterday (17), he declined to comment at the moment of our conversation saying he was “busy”. Gunawardana, speaking to The Morning yesterday, confirmed that she had also been personally associated with the CHEC, which is why she had not been involved in any work regarding the Commission. “I presume that Capital City also stepped down as Jayawardene stepped down, since he was serving in a supervisory capacity,” said Gunawardana. The Commission was appointed by President Gotabaya Rajapaksa in May this year, and is led by Marapana PC. Other members of the Commission include Treasury Secretary S. R. Attygalle, Water Supply Ministry Secretary Dr. Priyath Bandu Wickrama, former Board of Investment Chairman Saliya Wickramasuriya, Orel Corporation Chairman and Managing Director Kushan Kodituwakku, Mercantile Investment and Finance Managing Director Gerard Ondaatjie, and McLarens Group Chairman and Managing Director Rohan De Silva. The Morning learnt that the Commission Secretaries Capital City was nominated by the Secretary to the President Dr. P.B. Jayasundara. The Sunday Morning reported yesterday that Marapana PC and Dr. Jayasundara had clashed recently over alleged attempts by the latter to undermine the Commission, following which Marapana PC had explained the mandate of the Commission to Dr. Jayasundara. According to The Sunday Morning, CHEC Port City Colombo (Pvt.) Ltd. Managing Director (MD) Yang Lu, on 14 July 2021, in a letter addressed to Marapana PC, had noted that CHEC Port City was “looking forward to a productive working relationship with the Commission”, and had suggested that fortnightly discussions be held to review progress and future steps, and to allocate responsibilities to the Commission. The letter, as seen by The Sunday Morning, was also copied to Dr. Jayasundara. Dr. Jayasundara, on 20 July 2021, had sent a letter to Marapana referring to Lu’s aforementioned letter (dated 14 July), where he had highlighted the importance of the Commission and the project investor company taking their respective decisions by “having regard to Government policy and fiscal and macro policy consideration, while aligning through a continuous dialogue between the parties and the Government in a well-co-ordinated manner”. Dr. Jayasundara had also proposed that he meet with all relevant parties once in three weeks. “You are kindly requested to require the Acting Director General to co-ordinate between the parties and tender a list of matters proposed to be discussed two days prior to the meeting date,” the letter went on to state. Apart from Lu, the letter was copied to the Commission Legal Consultant Jayawardene PC and the Commission Secretaries Capital City Law. Marapana, responding to Dr. Jayasundara’s letter of 20 July, had expressed surprise over the CHEC Port City MD’s move to copy the letter sent to him (Marapana) to Dr. Jayasundara. After citing Sections 30(1) and 30(4) of the Colombo Port City Economic Commission Act, Marapana had expressed serious concern and reservations over Dr. Jayasundara’s proposed action in his (Dr. Jayasundara’s) letter. The Commission Chair had then gone on to note that Commission Acting Director General (ADG) Saliya Wickramasuriya, until the appointment of a permanent Director General, had done a tremendous amount of work to further the goals of the Commission. He had further noted that under Section 25(b), (e), (f), and (g), the so-called “process” referred to by the CHEC Port City MD were matters within the purview of the Director General. Marapana had then pointed out: “…If at this early stage of the Commission’s own existence, the co-ordination of the activities between the Commission, the project company, and other would be investors and applicants...were to be taken out of control of the ADG, simply on the basis of a letter addressed to me, as the Commission Chairman, being copied to the Secretary to the President, it is my considered view that that it would not only result in seriously undermining the authority of the ADG, but it would further result in sending the wrong signals, not only to the ‘project company’, but also other would be investors, that they could bypass the permanent DG, once appointed, and perhaps even the Commission itself…” Also, responding to Lu’s letter, Marapana, on 24 July 2021, had thanked the CHEC Port City Chairman for the two letters sent to him and noted: “What I could not understand was the reason why you, having concluded your letter to me stating: ‘Looking forward to a productive working relationship with the Commission’, went on to copy that letter to the Secretary to the President...” adding: “In light of the sentiment expressed by you in the last sentence of your letter quoted above, I view your act of copying said letter, as stated above, to be in bad taste.” “There is no need for anyone to attempt to bypass the Commission with regard to such matters. The Commission will, as mandated, deal with such matters as expeditiously as possible, in terms of the Law and in the best interests of the Colombo Port City,” Marapana had noted in the letter to Lu.  


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