The Attorney General has ruled that all state financial transactions must be carried out in accordance with the Public Financial Management Act (PFMA).
This opinion has been conveyed to Speaker Jagath Wickramaratne, who sought clarification on whether the Anti-Corruption Act (ACA) or the PFMA takes precedence in matters relating to the recruitment and funding of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). The Speaker requested this clarification from Attorney General Parinda Ranasinghe after CIABOC Director General Ranga Dissanayake informed him of difficulties in exercising his authority due to contradictions between the two laws.
According to the Attorney General, since Parliament is responsible for public finances, all government and semi-government entities that utilize public funds must adhere to budgetary proposals submitted through the Treasury. He further stated that all recruitments must be made through the Salaries and Cadre Commission.
However, the Attorney General has also noted that CIABOC may independently recruit personnel for certain positions and may utilize some funds in line with the Commission’s powers. Nonetheless, all expenditure must remain within the framework of the approved budgetary proposals.
In its interpretation of the ACA, CIABOC maintains that the Act grants the Commission the authority to determine its budget— in consultation with the Finance Minister— and to recruit its own staff. The Finance Ministry, however, insists that all staff cadres and salary structures must be approved through the ministry. CIABOC has stated that this requirement has hindered its ability to recruit a full cadre.
