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Opposition MP Declares Rebuild Sri Lanka Fund Illegal and Unconstitutional

Harsha de Silva accuses the government of bypassing Parliament, violating public finance law, and operating a reconstruction fund beyond audit and accountability.

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MP Harsha de Silva

The Rebuild Sri Lanka Fund, presented by the government as a cornerstone of the country’s national recovery effort, has been thrust into sharp controversy after opposition MP Harsha de Silva publicly declared it illegal and unconstitutional. Raising the issue in Parliament yesterday, he accused the government of misleading the public and Parliament by claiming the fund was lawfully established under the Presidential Secretariat.

According to official statements, the government maintains that the fund was created within the Presidential Secretariat to collect and manage contributions for rebuilding the country. However, de Silva rejected this explanation outright, describing it as a serious misrepresentation. He argued that no institution, including the Presidential Secretariat, has the authority to establish or operate a public fund outside the framework set by the Constitution and the Public Financial Management Act.

Addressing the House, de Silva emphasized that Parliament holds full and exclusive control over public finance under the Constitution. He noted that the Public Financial Management Act clearly outlines the procedures for establishing statutory funds and does not permit such funds to be created at will by the executive. While stating that the opposition has no objection to the establishment of a national reconstruction fund, he insisted that it must be done through proper constitutional and legal processes.

The opposition MP further alleged that the government had failed to follow these procedures, rendering the Rebuild Sri Lanka Fund legally invalid. He warned that the fund has effectively become a private financial mechanism controlled by a few individuals rather than a transparent public institution. Adding to the gravity of the allegations, de Silva pointed out that the government has not ensured independent oversight, claiming there is no lawful authority for the Auditor General to audit the fund.

Concerns were also raised over governance failures within the executive, with accusations that President Dissanayake has continued to delay the appointment of an Auditor General for more than a year. According to the opposition, this absence of oversight creates a dangerous environment where large sums of money can be collected and spent without accountability, particularly under the banner of national rebuilding.

De Silva warned that no individual, political party, or institution has the right to solicit or collect funds for rebuilding Sri Lanka through a mechanism that has not been constitutionally established. He stressed that continuing to operate the Rebuild Sri Lanka Fund in its current form could invite serious legal challenges and undermine public confidence in national recovery efforts.

Sri Lanka Guardian

The Sri Lanka Guardian is an online web portal founded in August 2007 by a group of concerned Sri Lankan citizens including journalists, activists, academics and retired civil servants. We are independent and non-profit. Email: editor@slguardian.org

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