By: Staff Writer
February 09, Colombo (LNW): Transparency International Sri Lanka (TISL) has taken a significant step in its fight against corruption by filing a Fundamental Rights Petition (SCFR/22/2025) in the Supreme Court.
The petition challenges the Procurement Guidelines and Procurement Manual (2024) issued by the National Procurement Commission (NPC), citing serious concerns about transparency, accountability, and fairness in public procurement.
Given the critical role procurement plays in national governance, TISL emphasizes the need for a robust, transparent framework that upholds international best practices and protects public funds from misuse.
The petition raises alarms about the lack of openness in the new guidelines, which do not sufficiently promote transparency in procurement processes. It highlights the unregulated nature of unsolicited proposals, which could result in contracts being unfairly awarded.
Additionally, it points out significant deviations from internationally accepted procurement standards, increasing the risk of mismanagement and corruption.
TISL argues that the NPC has failed to implement strong safeguards against unsolicited proposals, leaving room for potential misuse. This failure, according to the petition, violates fundamental rights under Articles 12(1) and 14(1)(g) of the Constitution.
Weak procurement guidelines can lead to corruption, misallocation of public funds, and favoritism in state contracts. The allowance of unsolicited proposals without proper oversight undermines fair competition by bypassing competitive bidding.
Furthermore, permitting deviations from standard procedures in urgent situations without clear definitions and oversight creates opportunities for abuse.
Another major concern is the absence of a centralized electronic system, which diminishes transparency and accountability in government spending. The decision to raise the threshold for mandatory publication of contract awards from Rs. 250 million to Rs. 750 million significantly limits public oversight of state procurement.
Granting broad decision-making powers to procuring entities without adequate checks and balances further weakens transparency. The guidelines also fail to mandate written instructions from Ministers, allowing for verbal directives that can lead to misuse of power and lack of accountability.
Additionally, the lack of provisions ensuring public involvement and oversight restricts citizens’ ability to hold the government accountable and access timely information.
TISL urges the Supreme Court to direct the NPC or the State to establish effective safeguards concerning unsolicited proposals. As the constitutionally mandated body responsible for ensuring accountability in public procurement, the NPC must strengthen these guidelines to prevent corruption.
Weaknesses in the procurement process can be exploited, undermining fairness and good governance, leading to an abuse of power and misallocation of public resources.
As a staunch advocate for good governance and anti-corruption, TISL calls on the government to move away from closed-door policy formulation. It insists on an open and participatory process in developing and implementing procurement guidelines to safeguard public interest, trust, and democratic governance.
Without transparency and accountability in procurement, the risk of corruption and mismanagement remains high, threatening the integrity of the country’s governance framework.
