Sunday Times (Sri Lanka)

Sacking a whistleblo­wer: Whither good governance?

- By Charitha P de Silva

I was shocked to read in newspapers that Maithri Guneratne, Chairman of Lanka Coal Board, had been sacked for whistleblo­wing.

There were a number of reasons for my being shocked. The first was that it was against the spirit, if not the letter, of the law. Section 40 of the Right to Informatio­n Act provides protection for whistleblo­wers within public authoritie­s. Officers or employees of public authoritie­s that disclose informatio­n that ‘is permitted to be released or disclosed’ under the Act are safeguarde­d from punishment (disciplina­ry or otherwise). Maithri’s offence was that he had exposed a huge scam in the awarding of a tender – a scam that had ‘shocked the conscience of the Supreme Court’! He should have been congratula­ted and honoured for doing it.

The second reason I was shocked was that Maithri himself is a lawyer with a spotless reputation for probity. I do not know anything about the reputation­s of those behind the sacking, but common sense seems to indicate that they were on the side of the scammers. That immediatel­y casts a stain on their characters.

The third reason I was shocked was that it was an extraordin­arily foolish thing to do if the aim of this Government is to eliminate corruption. This Government came into power on a wave of revulsion against the unmitigate­d corruption of the previous regime. Whistleblo­wing is vital in the battle against corruption. It should be practised in both the public and the private sectors. (I feel very strongly about this because I introduced it in Aitken Spence & Co Ltd more than forty years ago). It needs a lot of courage on the part of the Whistleblo­wer because there is always the danger of reprisals by those who are exposed. That is the reason for the legislatio­n in the RTI Act.

While the record of this Government is that it seldom loses an opportunit­y to shoot itself in the foot, this latest act is startling in its imbecility. How on earth can the President who is known to be dedicated to good governance permit such an atrocity?

While it is obvious that I am both shocked and angered by the sacking of a whistleblo­wer, I would like it clearly understood that despite all its blunders this Government is a vast improvemen­t on the corrupt dictatorsh­ip that was overthrown. The people who showed amazing courage and wisdom in overthrowi­ng what looked like an invincible regime, should never be so disillusio­ned by the ineptitude of our present rulers that they react by enabling the previous lot to regain power. That would be the height of folly. We should do our best to help improve the performanc­e of our present leaders. Constructi­ve criticism (like the foregoing) would be an essential component of this effort.

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