Tuesday, October 25, 2016

Ceylon Today Editorial

Fallout

26 October 2016

Committee on Public Enterprises (COPE) is a legally constituted body comprising Members of Parliament elected by the Legislature itself.

Other than confirming an opinion on matters of public interest vis-à-vis public enterprises including the workings of the Central Bank of Sri Lanka (CBSL), it, however, has no legal powers to prosecute alleged offenders.

COPE, however, has the prerogative to call-up any person, including public officials for an inquiry and also to ask for reports on any so called controversial doings involving public assets/finance.

The current, so called controversy surrounding the COPE are probably in relation to at least two happenings in the Treasury (T) Bond market during the tenure of CBSL's immediately preceding Governor Arjuna Mahendran and Perpetual Treasuries, a primary dealer, which is allegedly operated by Mahendran's son-in-law Arjun Aloysius and family.

Mahendran was appointed CBSL Governor no sooner President Maithripala Sirisena was elected to power on 8 January 2015. He succeeded Ajith Nivard Cabraal, the appointee of President Mahinda Rajapaksa to this high post. Cabraal however, resigned from this post no sooner his 'mentor' lost the 8 January 2015 presidential poll.

The breach was filled by Mahendran, an allegedly trusted confidante of UNP Premier Ranil Wickremesinghe, on whose shoulders Sirisena rode to power, defeating his former boss at the 8 January poll.

Mahendran served as Governor from January 2015 to 30 June 2016, which incidentally was the period remaining for Cabraal to complete his second term as Governor.

Nonetheless, when Mahendran's 'contract' came up for renewal on 30 June 2016, it was not extended by Sirisena, who, instead, opted to appoint another distinguished economist to that post, namely Dr. Indrajit Coomaraswamy.

Mahendran was, however, not left in the cold, with Wickremesinghe appointing him as one of his economic advisers once he was 'kicked out' from the CBSL.

The so called controversial COPE report in question, probably involves investigations on so called T-Bond scams during the tenure of Mahendran. It probably doesn't include T-Bond transactions that took place after Mahendran's appointment.

The probable centre of controversy is of a T-Bond auction floated on 27 February 2015, i.e. a month after Mahendran's appointment, and the other, a T-Bond auction held a year and a month later, i.e. on 29 March 2016 or thereabouts and transactions involving secondary market trading of that particular tenure within a week thereafter, or thereabouts.

The so called COPE report pertaining to these two matters, if there is one, is however, not yet on the public domain.

Therefore, one may but conjecture what this controversy is all about. With respect to the 27 February 2015 T-Bond auction, the probable controversy surrounds the fact that its original offer of Rs one billion or thereabouts was jacked up by tenfold to Rs 10 billion in the ultimate sale.

Was Aloysius, being Mahendran's son-in-law, privy to this inflated amount prior to the auction, and thereby being prepared to make bids for this inordinately higher amount is the question? It's CBSL, which, on behalf of the Government of Sri Lanka, administers such public debt.

Market sources told this newspaper that allegedly during Cabraal's tenure, it was not Rs 10 billion, but double that amount, i.e. Rs 20 billion had been offered to the T-Bond market, as it were, out of the blues, though not that two alleged wrongs make a right.

It was also during Cabraal's tenure that Perpetual got its primary dealer licence.

The other was the 29 March 2016 T-Bond auction, where T-Bonds were sold allegedly high, i.e. comprising steep yields at the primary auction, while, within a couple of days, in secondary market trading, T-Bonds of this particular tenure had allegedly been bought by the EPF, an account administered to by the CBSL at low yields, thereby helping the seller(s) to make a 'killing' as it were from the interest rate differential.

EPF is public money held in public trust by CBSL. Therefore, at least in this instance CBSL has to play a fiduciary role. The question which certain players from the market asks is, if, in the first instance EPF bought these T-Bond tenure (s) low, i.e. a couple of days after those were sold in the primary market, why couldn't such a deal have had been executed in the primary auction itself?

The net effect is that EPF has been taken out of the market currently, probably till these so called investigations are over and on the flip side, foreigners who are currently exiting from the T-Bond market are exiting at higher yields in the absence of EPF as the buyer, thereby causing upward pressure on interest rates, while at the same time enjoying the advantage of buying the required US dollars vis-à-vis such exits at a discounted price of Rs 146.90 to the dollar, whereas the market, as at Monday was buying the same at Rs 147/85/95 to the dollar.

Who's cheating whom?

Daily News Editorial

MR’s lament over Jaffna student deaths

26 October 2016

Former President Mahinda Rajapaksa has called for an impartial investigation into the deaths of two Jaffna University students in a police shooting. It appears that Rajapaksa will not let any incident pass without trying to take whatever advantage he could derive from it to raise his political stocks. Rajapaksa's call comes at a time that all that needs to be done with regard to getting to the bottom of the incident is being accomplished. President Sirisena has already ordered an investigation and assured TNA and Opposition leader R. Sampanthan of an independent impartial inquiry while the IGP had launched his own investigation. A team from the National Police Commission too had left for Jaffna in this respect.

Rajapaksa has not stopped at calling for an investigation into the student deaths but has drawn the attention of the government to similar incidents that are also taking place in the South and called for steps to determine as to why the police acted in the way they did. Rajapaksa's concern at the death of the two Jaffna students would sound more genuine had he also shown a similar concern towards the deaths of four university students in Trincomalee during his tenure, allegedly at the hands of military personnel, an incident that blackened the image of the country before the international community and virtually placed the Rajapaksa government in the dog house by Human Rights organisations such as Amnesty International and other Rights groups. No meaningful inquiry was conducted into that harrowing incident other than attempts made at obfuscation to steer the inquiry in a different direction. Ditto for the killing of 13 local workers of a French aid group in Muttur.

When Rajapaksa says "similar incidents" were happening in the South as well he should be reminded of the shooting at a group of demonstrators at Rathupaswala resulting in the deaths of two innocent bystanders, by the military no less, deployed by his powerful Defence Secretary brother and the shooting at Katunayaka over the government's attempt to steal the EPF of garment factory employees also leading to the death of a protestor, not to mention another firing into a group of fishermen in Chilaw also resulting in the death of one. No proper investigation, impartial or otherwise, were carried out into these shootings although the military officer who led the Army contingent at Rathupaswala was given a diplomatic posting for services rendered.

Be that as it may, Rajapaksa bemoaning the death of the two university students in Jaffna ring hollow not just for the Trincomalee and Muttur incidents but also for his general disdain for the Tamils in the North whom he considered a conquered people, in the afterglow of the war victory, riding on a flood of majoritarian popularity which he took at the tide for political gain. This same bleeding heart of Rajapaksa for the fate of the two students was not evident to the other sons and daughters of the Tamils in the North when, with one stroke of the pen, he discontinued the singing of the National Anthem in Tamil at all schools and government functions in the North.

Rajapaksa who did not give a tuppence for the killings at Rathupaswala, Katunayake or Chilaw (other than hand over compensation cheques to family members of the deceased out of public funds), nor at the cold blooded murders of Lasantha Wickrametunga or Prageeth Ekneligoda, under his watch, now beating his breasts for the two Tamil youth killed in the recent shooting could well have other motives. It could well have dawned on the former President it will be a no-win situation for him (that is if ever aspires to be Prime Minister again from a new political party) without the minority vote, with the war victory, which he marketed to the hilt to remain in power, now out of currency. It may also be his way of making amends with the Tamil community whom he branded as Tigers koti for causing his defeat on January 8 last year. His recent claim that Northern Province Chief Minister C.V. Wigneswaran was not a racist, although his minions in the Joint Opposition branded him just that, could be early signs that Rajapaksa is hoping to see a thaw in his relations with the minorities and the Tamil community in particular.

But the former President is badly handicapped on several fronts. To begin with, he is carrying a heavy baggage in the form of the likes of Wimal Weerawansa and Udaya Gammanpila for the likes of the minorities. He will be judged by the company he keeps. Rajapaksa will therefore have to make a clean break with the racist elements surrounding him and re-brand himself as politician acceptable to all communities and religions. However the former President is far gone on the road of extremist Sinhala nationalism for him to make a course correction. In any event he will not be allowed to do so by members of the Sangha, the Chintanaites and the other champions of Sinahala nationalism. Besides the antecedents of the SLFP militates against such a move.

The Island Editorial

‘Yahapalana’ stench


An internal investigation conducted by the Central Bank of Sri Lanka (CBSL) into Treasury bond scams has shed light on unusually huge profits made by one of the primary dealers, Perpetual Treasuries, belonging to the son-in-law of former CBSL Governor Arjuna Mahendran. A damning report put out by the Auditor General’s Department on the issue has held Mahendran accountable for the irregular bond transactions. Committee on Public Enterprises (COPE) Chairman’s report has also established this fact. But, some self-important UNP MPs are all out to take Mahendran off the hook at the behest of their political bosses. Those who projected themselves as paragons of virtue before the last general election and duped the public into voting for them have laid bare their true faces!

The UNP group of the COPE, after the exit of the committee chairman, Sunil Handunnetti, in a huff on Monday, announced that Perpetual Treasuries would be probed and asked to explain how it had made huge profits as a primary dealer. The question is whether it is in keeping with best parliamentary practices or the Standing Orders for a group of MPs, representing one political party, to make such ex cathedra statements after smoking out the COPE chairman. One may recall that the UNP refused—and rightly so—to accept controversial decisions the UPFA members of the Parliamentary Select Committee (PSC), which ‘tried’ the then Chief Justice Shirani Bandaranayake, made without any Opposition MPs present. It is now doing what it used to condemn while it was in the Opposition!

Regrettably, a section of the media shamelessly sided with the government propagandists and made a futile bid to mislead the public into believing that the COPE Chairman’s damning report did not exist. It prepared the stage for Monday’s COPE drama.

One is being naïve if one thinks a cornered UNP has undertaken to conduct an investigation with a view to punishing the culprits. If Perpetual Treasuries is to be probed it is sure to deny having received any inside information from Mahendran as regards the bond auctions at issue so that the UNP can claim there has been no wrongdoing on the part of the former Central Bank Governor. According to a popular saying in this country it is futile to solicit the assistance of a crystal gazer to catch a thief who happens to be her son. It is equally pointless to try to nab a culprit by investigating his son-in-law! If the decision of the ‘hijacked’ COPE is implemented an escape route will be opened for those responsible for the bond scams.

President Maithripala Sirisena is left with two alternatives. He must either have the bond scams which, according to experts, have cost the public purse more than ten billion rupees, probed by a special presidential commission with the media given access to its proceedings or publicly renounce his much-advertised commitment to good governance. People reposed their trust in him and elected him President last year. He is responsible for the formation of the present government. He must live up to people’s expectations. Whoever would have thought that wealthy men in three-piece suits would rob the bank of the banks with impunity on his watch?

Meanwhile, parliamentarians have no right to ride rough shod over public officials or anyone else, for that matter, summoned before parliamentary committees. Let Speaker Karu Jayasuriya be urged to probe the allegations that the Auditor General and Central Bank officials were verbally abused by some COPE members.

Time was when the COPE commanded the respect of the public though parliamentary standards were falling. The watchdog committee conducted thorough probes; it, to its credit, exposed numerous irregularities and malpractices in the public sector institutions and, above all, illegal transactions such as the sale of the Sri Lanka Insurance Corporation and the Lanka Marine Service bunkering facility by the UNP-led UNF government (2001-2004).

Sadly, the misconduct of some MPs has caused a severe erosion of public faith in the COPE, which is being manipulated to cover up mega scams and defend rogues! If this is the brand of good governance the present administration promised, the country will certainly be a much better place without it!