The Court of Appeal has delivered a ruling in favour of the Central Bank of Sri Lanka (CBSL), overturning a directive by the Right to Information (RTI) Commission that sought the disclosure of detailed transaction-level data on Employees’ Provident Fund (EPF) investments. 

According to a CBSL statement, the case arose from an RTI request submitted by Verité Research (Pvt) Ltd seeking information on EPF investments, including detailed information on government securities transactions such as purchase dates, yields, prices, and counterparties. 

While the Central Bank released certain general information, it refused to disclose transaction-level information on the basis that such information is commercially sensitive and falls within the statutory exemptions provided under Section 5(1) of the Right to Information Act No. 12 of 2016 (RTI Act). 

The Court of Appeal overruled the decision of the RTI Commission, holding that the requested information falls within the exemption under Section 5(1)(d) of the RTI Act, which protects commercially confidential information where disclosure would harm a third party. 

The Court observed that releasing EPF transaction details could expose the Fund’s investment strategies, enabling market participants to anticipate and outmanoeuvre its bids in government securities auctions. The Court noted that this would place the EPF at a competitive disadvantage and potentially reduce returns, ultimately affecting millions of contributors to the Fund. 

Emphasising the Central Bank’s fiduciary duty to safeguard EPF assets, the Court held that disclosure of such sensitive financial information would undermine the Fund’s position in the market. 

It further noted that transparency in EPF operations is already ensured through statutory mechanisms, including annual reporting, audits by the Auditor General, and parliamentary oversight. 

On the question of public interest, the Court concluded that the respondent had failed to demonstrate that the benefits of disclosure would outweigh the potential harm to the EPF and its members. 

Accordingly, the Court held that the RTI Commission had exceeded its powers by ordering disclosure in circumstances where a valid statutory exemption applied. Accordingly, the Commission’s order dated 27th November 2018 was set aside, and the appeal was allowed. 

The CBSL states that the judgment affirms that while the RTI Act promotes transparency, commercially sensitive financial information held by public authorities may be lawfully withheld where disclosure would harm competitive interests and no overriding public interest is established. (Newswire)

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The Constitutional Council has called for nominations from civil society organizations for the post of Member of the Right to Information Commission.

The vacancy is in terms of Section 12(1) (c) of the Right to Information Act No 12 of 2016, to be recommended to the President for appointment as a member of the Right to Information Commission.

In terms of Section 12(2) (a) (i) of the Right to Information Act, the members of the Commission should be persons who have distinguished themselves in public life with proven knowledge, experience, and eminence in the fields of law, governance, public administration, social services, journalism, science and technology, or management.

Further, in terms of Section 12(2) (a) (ii) to (v) of the Right to Information Act No 12 of 2016, such nominees should not be: 

• Members of Parliament, of any Provincial Council, or of any Local Authority;
• hold any public or judicial office or any other office of profit;
• be connected with any political party; or
• be carrying on any business or pursuing any profession.

According to a Parliament statement, the nominations should be prepared in accordance with the nomination form, which is available on the website of the Parliament of Sri Lanka (www.parliament.lk) with a quick link named ‘Appointment to the post of Member of the Right to Information Commission’.

The duly completed nominations should be sent to; 

Acting Secretary-General to the Constitutional Council 

Constitutional Council – Office

Parliament of Sri Lanka

Sri Jayewardenapura Kotte.

The duly completed nominations should be submitted on or before 15th February 2026 by registered post or by e-mail to constitutionalcouncil@parliament.lk.

On the top left corner of the envelope of the letter being sent, or as the subject of the email, it should be stated as ‘Appointment to the post of Member of the Right to Information Commission’. (Newswire)

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The Right to Information (RTI) Commission has ordered Sri Lanka’s Department of External Resources (DER) to release a 2017 loan agreement linked to the Katana Water Supply Project, ruling that continued secrecy is not justified and that the public interest outweighs potential harm from disclosure.

The Commission directed that the USD 54.8 million loan agreement signed between the China Development Bank and the National Water Supply and Drainage Board be released on or before February 28, 2026. It warned that failure to comply could result in prosecution of the public authority and its information officer under the Right to Information Act.

The order follows an appeal filed by economist Dr. M. Sarvanathan, who sought copies of multiple Chinese-funded infrastructure loan agreements under the RTI Act. While most of the agreements were released during the appeal process, the Katana Water Supply Project loan remained undisclosed, with authorities citing confidentiality and ongoing debt restructuring negotiations.

In its decision, the Commission found that the Department of External Resources had not followed the mandatory procedures under the RTI Act when refusing disclosure, including failing to properly consult the third-party lender within the required timelines. The Commission said the department’s earlier claim that lenders had objected to disclosure was misleading, as the correspondence relied upon predated the information request.

The Commission also rejected arguments that disclosure would harm Sri Lanka’s foreign relations, economic stability, or debt restructuring negotiations, noting that the agreement in question was an outdated original contract that would be superseded by new restructuring agreements. It said the agreement related to an essential public service and that citizens have a right to examine how public funds and foreign loans were managed.

“There is no doubt that the debt restructuring process and the original agreements are of enormous public interest,” the Commission said, adding that access to such information is linked to financial accountability and constitutional rights under Article 14A.

The Commission ruled that the public interest in disclosure outweighed any potential harm and ordered the release of the agreement free of charge, as required under RTI rules. (Newswire)

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Responding to an RTI request submitted on August 4, 2025, the Presidential Secretariat has refused to release information regarding the domestic travel of President Anura Kumara Dissanayake.

The Secretariat, in its response dated August 27, stated that the request was rejected under Section 5 (1) (b) (i) of the Right to Information Act, on the grounds that the details sought are directly relevant to security-sensitive information concerning the President.

The letter, addressed to Mr. Jinath Premaratne, further noted that under Section 31 (1) of the Act, an appeal can be filed within 14 days. Such appeals should be directed to Senior Additional Secretary to the President, Mr. K. Prasanna Chandith, at the Presidential Secretariat, Colombo.

The response was issued by G.G.S.C. Roshan, Information Officer and Senior Additional Secretary to the President. (Newswire)

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The People’s Action for Free and Fair Elections (PAFFREL) has called on the Constitutional Council to urgently recommend a suitable individual to fill the vacant position of commissioner in the Right to Information (RTI) Commission. 

PAFFREL pointed out that the position has remained unfilled for over three months following the resignation of its Chairman.

PAFFREL Executive Director Rohana Hettiarachchi, issuing a statement, stressed that the delay in appointing a replacement has significantly hampered the effective functioning of the Commission, which plays a vital role in upholding transparency and accountability in governance.

The organization highlighted that the RTI Act, passed in 2016 after decades of public advocacy, was a landmark victory for civil society and a powerful tool for citizens to combat corruption and demand government accountability. “It has cultivated a new culture of transparency and empowered citizens and organizations alike,” PAFFREL noted.

The RTI Commission consists of five members, appointed by the President upon the recommendation of the Constitutional Council. While the Council is responsible for nominating a suitable candidate to fill the commissioner vacancy, the President is tasked with appointing one among the current members as the new Chairperson.

PAFFREL urged that the nominee for the vacant post be a person of proven integrity, free from past allegations, and capable of fulfilling the Commission’s mandate. It also appealed to the President to promptly appoint a Chairperson from among the four existing members or the new appointee once nominated.

The statement concluded by emphasizing the importance of equipping the fully constituted Commission with adequate staff and resources to carry out its duties effectively. (Newswire)

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Despite the Right to Information (RTI) Act’s proactive disclosure requirement, only 18% and 25% of the information required to be disclosed on large-scale infrastructure projects were proactively disclosed online in 2022 and 2023 respectively, according to Sri Lankan think-tank, Verité Research.

Verité Research states the information, when available online, was mostly available in English – even though the RTI Act mandates disclosure in Sinhala and Tamil, with English required only if feasible. In 2022, 18% of the information was available in English, but only 5% in Sinhala and 4% in Tamil. This trend continued in 2023, where 25% was available in English, with only 8% in Sinhala and 8% in Tamil.

These findings are contained in Infrastructure Watch, a trilingual dashboard housed under Verité Research’s publicfinance.lk platform. It tracked government compliance with the RTI Act’s proactive disclosure requirements for 60 projects worth LKR 1.08 trillion in 2022, and 60 projects worth LKR 2.54 trillion in 2023. The 2023 assessment’s 60 projects comprised 37 old projects from the 2022 assessment that were ongoing, as well as 23 new projects. 

The assessment period for the 60 projects in 2022 was January – April 2022 and for 60 projects in 2023 was January – April 2023. The assessment considered only the proactive disclosure of information on the websites of the responsible Ministries and line agencies.

Verité Research points out that Section 9 of the RTI Act No. 12 of 2016 mandates the Minister responsible for an infrastructure project to disclose project information. The information should be proactively disclosed for foreign and locally funded projects exceeding USD 100,000 and LKR 500,000 respectively, at least three months prior to commencement. The disclosures are to be made under 5 broad categories: project details, rationale and beneficiaries, budget and financial details, approvals and clearances, and procurements and contracts.

Sri Lanka’s large-scale infrastructure projects have been mired with allegations ranging from corruption, procurement malpractices, unreasonably high costs and negligence of negative environmental impacts. Loans undertaken to fund these projects during the past two decades have also contributed significantly to Sri Lanka’s debt burden.

Lack of transparency is a key enabler of many of the problems associated with infrastructure investments in Sri Lanka. The Right to Information (RTI) Act, brought into effect in 2016, attempted to change this by enabling public access to vital government information and empowering citizens to hold the government accountable.

Disclosure of public procurement contracts through an online fiscal transparency platform to reduce opportunities for corruption is also a commitment Sri Lanka has made with the IMF. Yet, the assessment revealed that a significant share of critical information important to improving infrastructure governance, such as project approvals and clearances and project procurement and contracts, remains hidden from the public. 

Verité Research added that the government’s continued lack of transparency surrounding infrastructure projects therefore begs the question as to whether the government will continue to carry out its business behind closed doors, defying legal mandates.

The details of the 60 projects tracked can be accessed by visiting https://dashboards.publicfinance.lk/infrastructure-watch/. (NewsWire)

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The Sri Lankan government spends Rs 1,329,387 per month for former president Gotabaya Rajapaksa, a report by factseeker.lk states.

Quoting the Presidential Secretariat, the fact-checking website states Rs 991,000 was spent on pension, fuel allowance and secretarial allowance for Rajapaksa in December.

The report further stated that Rs. 338,387.60 was spent on telephone, electricity, water and other expenses.

However, the Presidential Secretariat is yet to reveal details on the vehicles currently being used by former President Gotabaya Rajapaksa.

The details have been revealed in response to a Right To Information (RTI) request made by The FactSeeker on 24 January from the Presidential Secretariat.

The RTI was filed following speculation on social media and mainstream media about the government expenditure for Gotabaya Rajapaksa who resigned from the presidency in July, last year. (NewsWire)

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Transparency International Sri Lanka (TISL) has welcomed the landmark determination of the Court of Appeal this week that affirms the order of the Right to Information Commission to disclose the requested information on the Declarations of Assets and Liabilities of Members of Parliament in Sri Lanka.  

Issuing a statement, TISL pointed out that in February 2021, the Right to Information (RTI) Commission in the matter of Chamara Sampath vs Parliament of Sri Lanka ordered that the Parliament should release immediately the list of Members of Parliament who have submitted their respective Declarations of Assets and Liabilities from 2010 to 2018. 

The Commission declared that the information requested is of high public importance and public interest given the need for accountability and transparency of elected representatives. It was also observed that the submission of Declarations of Assets and Liabilities by parliamentarians to the Speaker of the Parliament is a legal duty specially secured by the Declarations of Assets and Liabilities Law of 1975 (DALL), and as such, this information request relates to the carrying out of a legal duty by elected representatives, which must be released. 

The Parliament of Sri Lanka appealed against this decision of the RTI Commission to the Court of Appeal on 15 grounds, including the fact that the DALL should prevail over the Right to Information Act no. 12 of 2016 (RTI Act). The Court of Appeal has on the 28th of February 2023 determined that the order of the RTI Commission is affirmed. 

TISL further said in its statement,  that in a significant finding, the Court of Appeal has unequivocally held that the provisions of the RTI Act override the provisions of the Declaration of Assets and Liabilities law. The court decision further highlights that the purpose of enacting the asset declaration law and the RTI Act is similar in their purpose of combating corruption.

The RTI Act gives effect to the right of access to information enshrined in Article 14A of the Constitution of Sri Lanka in order to enable Sri Lankan citizens to “more fully participate in public life through combating corruption and promoting accountability and good governance”. The DALL also aims at “combating corruption in public life by compelling the persons to whom the Law shall apply to declare their assets and liabilities periodically”. It is emphasized here that the “Members of Parliament are persons who are elected by the people and maintained by the people. They are expected to abide by the laws of the country at all times and provide examples for others to follow…It is therefore important for the public to know whether the relevant authorities have acted as required by law or not. The only way to obtain that information would be by seeking the list of the names of the Members of Parliament who have provided their declarations under the RTI Act.” The decision further underscores that the RTI Act requires the public authority to consider the weight of “public interest” of the requested information, prior to denying access to certain information.  

TISL added that as Sri Lanka celebrates six years since its RTI Act was operationalized, it welcomes this decision of the Court of Appeal as the first of its kind in Sri Lanka which sets a significant precedent in terms of information disclosure in the public interest and the transparency in declarations of assets and liabilities of public representatives to combat corruption in Sri Lanka. (NewsWire)

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Provisions of the Right to Information Act (RTI) are applicable to the Members of Parliament in respect of the Declaration of Assets and Liabilities Law, the Court of Appeal held on Tuesday (28). 

The landmark judgment was announced by the Court of Appeal two-judge-bench comprising Justices Sampath Abayakoon and P. Kumararatnam.

The court stated that the RTI Act should prevail over the provisions of the Declaration of Assets and Liabilities Law, enabling people to know the names of the Parliamentarians who have tendered their declaration of assets and liabilities.

“Members of Parliament are persons who are elected by the people and maintained by the people. They are expected to abide by the laws of the country at all times and provide examples for others to follow. Under the provisions of the Declaration of Assets and Liabilities Law, any person who comes under the provisions of the Law, fails to provide the relevant declaration of assets and liabilities as required, would be committing an offence punishable with a fine or imprisonment of either description or both such fine and imprisonment”, Justice Abeykoon observed.

The court order was issued after taking up for hearing an application filed by the Secretary General of Parliament challenging the Right to Information Commission’s decision that the information requested by journalist Chamara Sampath on MPs who have tendered their assets declarations should be released to him.  

In a letter to the Secretary General of Parliament in June 2018, the journalist had requested the Information Officer of the Parliament for the list of names of MPs who have handed over their respective declarations of assets and liabilities in 2018. 

However, the Information Officer in a letter in August 2018 had refused the request on the basis that he has to make an application in terms of the Declaration of the Assets and Liabilities Act of Act No.1 of 1975 to the Speaker of Parliament, which is a separate Act that governs the declarations of the Members of Parliament.

The matter was brought before the court, where the Court of Appeal has now declared that the provisions of the RTI Act are applicable to the Members of Parliament in respect of the Declaration of Assets and Liabilities Law. (NewsWire)

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