ECONOMYNEXT – Transparency Worldwide Sri Lanka (TISL), an area physique combating towards corruption, has filed a elementary rights petition within the Supreme Courtroom, difficult the proposed Nationwide Audit (Modification) Invoice, which seeks to revise key provisions of the 1028 regulation.
The Invoice, printed within the authorities gazette on June 23, is being contested, citing that it undermines the independence and effectiveness of Sri Lanka’s public audit framework.
The Nationwide Audit Act, enacted in 2018, empowers the Auditor-Normal to research monetary mismanagement throughout public establishments and maintain officers accountable by means of the imposition of surcharges.
These surcharges function penalties for losses brought on by fraud, negligence, misappropriation, or corruption, aiming to make sure public sector accountability.
“Within the proposed modification, there are a number of provisions that weaken this framework and threat undermining the independence, authority, and effectiveness of the general public auditing course of,” the TISL stated in a press release.
TISL’s petition, filed within the public curiosity, warns that the proposed amendments will dilute this accountability mechanism. Among the many most contentious adjustments is the elimination of “negligence” as a foundation for surcharges.
In line with TISL, this considerably lowers the usual of duty for public officers and will shield them from legal responsibility even in circumstances of carelessness that end in state losses. The organisation argues this shift contradicts constitutional ideas, together with the general public belief doctrine.
The Invoice additionally proposes the institution of a “Surcharge Evaluate Committee” appointed by the President to make closing selections on the Auditor-Normal’s surcharge suggestions.
TISL contends that the absence of safeguards to make sure transparency and equity on this new physique raises critical considerations over potential political interference and a weakening of the Auditor-Normal’s powers.
The TISL additionally highlights the shortage of enforceable timelines or penalties for failing to refer audit findings associated to fraud or corruption to regulation enforcement authorities as one other main concern.
Whereas the proposed amendments require the Auditor-Normal to inform related officers if there’s affordable suspicion of wrongdoing, TISL factors out that the method lacks outlined deadlines and will result in arbitrary delays or political manipulation.
TISL stresses that the amendments battle with Sri Lanka’s personal Nationwide Anti-Corruption Motion Plan (2025–2029), the Governance Motion Plan, and commitments below the IMF Governance Diagnostic.
Reasonably than reinforcing institutional oversight, the Invoice dangers weakening key accountability mechanisms at a time when public belief in governance stays fragile, it stated.
The petition urges the Supreme Courtroom to rule that the proposed amendments violate constitutional provisions associated to public sovereignty, equal safety below the regulation, and the right train of state energy. (Colombo/July 24/2025)
