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A measure of unholy joy is exhibited by Sri Lankans following a dissolute duo of Rajapaksa Ministers being handed down long term rigorous imprisonment sentences by the Colombo High Court for causing a gigantic loss of more than 53 million rupees to the State in a politically motivated purchase of carrom and draught boards for distribu-tion to sports clubs in the runup to the 2015 Presidential Elections.

 Former Ministers in the crosshairs of anti-corruption investigators

There is wild public exultation about the two corrupt former Ministers, one a former Minister of Sports (seemingly) not being given special treatment inside the prisons; both were allocated a mat and a pillow along with standard issue jumpers as per gleeful media reportage. This is in contrast to the privileged treatment of Sri Lanka’s politically powerful crooks whose arrest and detention are generally for the benefit of television cameras.

Once the fuss dies down, the privileges quietly return. It remains to be seen if this will be the case this time around as well. Some of us who have unpleasantly long if not jaded memories may be forgiven therefore for abstaining from this unseasonable excitement that seems to have gripped the public in one way or another. That said, the sight of the former Ministers escorted and shackled by officers from the court premises before being carted off to the prison, was undoubtedly pleasing.

Supposedly, a long line of former Ministers are in the crosshairs of the national anti-corruption body, awaiting indictments to be served against them in the coming days. Certainly, the closure of this particular prosecution by Sri Lanka’s Commission to Investigate Allegations of Bribery and Corruption (CIABOC) has resulted in well-deserved penal punishments of those accused. That must go to the credit of the prosecutors.

What long drawn out prosecutions teaches us

This was a delayed prosecution from 2018/2019 beset by many obstacles, not the least of which was the political influence exerted by the corrupt duo and their powerful benefactors to cripple the legal process. Six long years lapsed thereafter as a result with the case being dragged on in court which is why loyalists of the two Ministers are heard to complain that ‘this is an old case.’

True, it is an ‘old case’ as are much of the corruption cases and gross human rights abuse cases in Sri Lanka. The ‘old nature’ of these prosecutions is precisely due to the degradation of the political culture and the perennial influencing of prosecutors by politicians. That apart, there is a palpable danger in the more hysterical supporters of the ruling National Peoples’ Power (NPP) crediting the Government with this ‘win.’

Simply put, such ridiculous propaganda is an abject failure to understand the extremely hard work put in this prosecutorial effort. all of which was not conjured up magically during the last several months following a new regime capturing power. It is also a failure to comprehend the counter-productive impact of such boasts.  Loudly crowing about the sentencing of the two Ministers in a political context opens the door to allegations of the prosecution being a ‘witch hunt.’

Reflecting on past anti-corruption efforts

These accusations are already being tossed around freely. We do not have to travel very far back in history to see the pitiful results of politicising national anti-corruption efforts. The charade that took place during the Sirisena-Wickremesinghe alliance government (2015-2019) is ample testimony of that hard truth. Lest we forget, key members of the Janatha Vimukthi Peramuna (JVP) played a significant part in those so-called anti-corruption exercises that went nowhere.

In fact, the JVP leader of the NPP ruling regime, including present President Anura Kumara Dissanayake and his Ministers were prominently involved in those exercises. Multifarious indictments of prominent Ministers were withdrawn by CIABOC, some with-drawals not being properly explained or justified even now. Here too, the prosecutions of a few senior public officials were evidenced with their convictions being hailed as having a deterrent impact on systemic impunity.

That result did not come about however, with some convictions being later reversed on appeal. The broader point is that several convictions of former Ministers and their strongmen in regard to the very many sins that they have committed, should not be wildly exulted about as if the dawn of a new age has just come about. On the contrary, there must be a sober assessment of Sri Lanka’s anti-corruption history and a critical evaluation of whether the country’s governance culture has reformed.

Politicians speaking with ‘forked tongues’

Certainly there does not seem to be promising signs towards such a reformative ‘system change’ by the NPP. The test is not if action is taken against political opponents but how and in what way, the Government put itself to the crucible.  A few days ago, a smirking NPP politician said that they are also ‘frightened by these developments’ in the wake of the Ministerial convictions and that the ‘saliva has dried on their tongues through anxiety.’ That is a classic example of speaking with a forked tongue, I must say.

If the ruling regime was this conscious about the integrity of the positions that it takes in regard to governance, from where comes this insistence on a crony of President Dissanayake with no measurable experience as Auditor General over and above the head of a well deserving senior officer of the service with a good track record and now acting in that position? What does this say for the determination of the JVP led NPP in fighting corruption in regard to its own ranks?

Or are we to swallow the nonsensical rhetoric that critical scrutiny of the Government is not needed as ‘ the NPP can do no wrong’?  If there was demonstrated will to change the governance culture, is not an apolitical Auditor General essential for that purpose?  Reportedly, the three members in favour of the Presidential nominee on the Constitutional Council were (unsurprisingly) the Gvt representatives including the Prime Minister.

Remembering a brave auditor

The nominee was shut down by a combined effort of the opposition and civil society representatives joining forces. This has now become a ‘waiting game’ for the moment with the services of the Acting Auditor General being extended for six months. This is not an ideal solution to the problem by any means. All of this does not augur well for the high boasts of the NPP that it will be ‘accountable in governance.’

In the meantime, it must be remembered that this month, Sri Lanka marks the four year death anniversary of that remarkable audit superintendent Lalith Ambanwela who suffered grievous injuries including the loss of one eye in the course of his official du-ties. This was in relation to a corrupt purchasing of computers for the Central Province Department of Education in 2002. That incident was when corruption had not quite eaten into the very fabric of Sri Lankan society as it has done now.

Bringing the culprits to justice, namely a former Central Province Education Department chief accountant, an education director and several businessmen, the Central Province High Court remarked very rightly that this was an unconscionable crime committed against a public officer. The importance of an independent and efficacious audit service is beyond question.

This Government must be roundly informed – in common with previous Governments – that accountability is not a sword that is directed against the opposition only. Rather, the true mettle of that sword lies when it is turned inwards and is exercised against the Government itself.

We wait to see that happen.