TISL challenges Anti-Corruption Bill

Transparency International Sri Lanka (TISL) has launched a legal challenge in the Supreme Court against the proposed Anti-Corruption (Amendment) Bill, arguing that several provisions could undermine anti-corruption protections, limit civic space and violate fundamental rights. The petition was filed on August 31, 2026, in response to the Bill's placement on Parliament's Order Paper on August 19, 2026.

The proposed legislation aims to amend the Anti-Corruption Act No. 9 of 2023. TISL contends that the Bill introduces significant regressions, creates loopholes, restricts civic space and infringes upon fundamental rights.

The petition highlights several key areas of constitutional concern: Clause 4 proposes removing judicial oversight on the decision to refrain from prosecuting accomplices in exchange for full disclosure, bypassing the requirement for Magistrate authorization. This shift grants extensive discretionary authority to the Director-General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), potentially exposing it to manipulation, external threats and political pressure.

Clauses 6 and 18 aim to raise the threshold of State shareholding from 25% to 50% for officers to declare assets, exempting senior officers of state-linked companies with less than 50% ownership. This change conflicts with the Right to Information Act and undermines transparency. Clause 7 seeks to repeal the requirement for public officials to declare the assets and liabilities of cohabitants sharing their household for over six months, potentially enabling corrupt officials to conceal illicit wealth.

Clause 11 proposes granting the CIABOC broad discretion to redact information it deems confidential, potentially leading to excessive redaction of crucial financial data. Additionally, the Bill criminalizes the use of redacted asset declarations for purposes other than formal submissions, which could chill civic space, journalism and free media.

The proposed amendments contradict key constitutional provisions, including Articles 1, 3, 4, 12, 13, 14(1)(a), 14A, 126, 140, and 156A(1)(c), and violate Sri Lanka's international commitments. TISL urges the Supreme Court to declare the challenged clauses unconstitutional and requests that the Court determine they cannot become law unless passed by a two-thirds majority in Parliament and approved by the People at a Referendum.