By Lakmal Sooriyagoda
Sri Lanka’s Anti-Corruption Act, No. 9 of 2023 is the principal law that establishes the legal framework for preventing, investigating and prosecuting bribery and corruption, and for requiring specified public officials and other designated persons to declare their assets and liabilities. It replaced the previous Bribery Act, the 1994 Commission Act and the Declaration of Assets and Liabilities Law of 1975.
Parliament on October 8, 2026 passed the Anti-Corruption (Amendment) Bill, with amendments made in accordance with the Supreme Court’s determination, without a vote.
The amendment seeks to address legal, interpretational, administrative and technical issues identified in the implementation of the Anti-Corruption Act, No. 9 of 2023. It also aims to rectify discrepancies between the Sinhala and English texts of the Act, address issues relating to the investigation and prosecution of corruption offences, streamline the administrative functions of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), and facilitate the submission of declarations of assets and liabilities through a centralised electronic system.
In this article, the Daily Mirror examines the key provisions of the legislative amendment and their implications for Sri Lanka’s anti-corruption framework.
Clause 2 - Appointing officers to provincial level
This clause amends section 26 of the Anti-Corruption Act, No. 9 of 2023 and the legal effect of the section as amended is to make provisions to appoint officers and servants of the provincial public service or the police force to the Commission, temporarily or permanently.
Clause 3 - Withdrawal of charges by the Director-General
This clause amends section 67 of the principal enactment and the legal effect of the section as amended is to make provisions to enable the Director-General to withdraw charges filed in Magistrate’s Courts. It expands the Director-General’s authority to withdraw charges filed in a Magistrate’s Court, rather than limiting the withdrawal power to High Court indictments.
Clause 4 - Cooperation by accomplices
This clause amends section 70 of the principal enactment and the legal effect of the section as amended is to make provisions to enable the Commission to authorize the Director General not to charge or prosecute an accomplice charged under the provisions of Part III of the principal enactment on condition of making a full or true disclosure of the whole of the circumstances within his knowledge relating to the offence.
The amendment would enable CIABOC to use cooperation by accomplices as an investigative and prosecutorial tool across a wider range of offences. It could assist investigations involving several participants, but the exercise of discretion would need to be fair, consistent and supported by reliable evidence.
Clause 6 - Persons required to declare assets and liabilities
Clause 6 proposes several changes to the categories of persons required to submit declarations under the Anti-Corruption Act.
Clause 6(4) - Trade union officials
The provision adds certain trade union office-bearers to the asset-declaration framework where the union has more than 1,000 registered members.
This expands financial disclosure obligations to specified officials of larger trade unions, potentially increasing transparency concerning their assets and liabilities.
Clause 6(7) - Media and telecommunications companies
The clause seeks to require proprietors, chairpersons and directors of specified media companies registered with the Ministry of Mass Media and companies licensed under the relevant telecommunications legislation to submit asset and liability declarations.
Constitutional issue: The Supreme Court determined that this provision, in its original form, was inconsistent with Articles 12(1) and 14(1)(a) of the Constitution, relating to equality before the law and freedom of expression. It therefore required a two-thirds majority to be enacted in that form.
Clause 7 - Disclosure concerning persons sharing a household
Clause 7 proposes to repeal Section 81(e) of the Anti-Corruption Act, which relates to declarations concerning certain persons who live in the same household as the declarant.
Purpose stated for the amendment: To protect the privacy of persons who may have no meaningful connection to the declarant apart from sharing a household.
Clause 11 - Publication and redaction of asset declarations
This clause amends section 88 of the principal enactment and the legal effect of the section as amended is to make clarity to the provisions of the section and to protect the privacy of the declarants of assets and liabilities.
Clause 17 - Bail for corruption offences
This clause repeals and replaces subsection (1) of the section 149 and the legal effect of the section as amended is to make a distinction regarding applicable bail provision with respect to a person who is suspected of causing a loss not less than Rs.500,000 to the Government.
Clause 17 seeks to provide that a Magistrate’s Court would not have jurisdiction to grant bail in respect of certain suspected bribery and corruption offences where the Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) values the alleged bribery or corruption above the prescribed threshold.
The effect of the proposed provision would be that a suspect could remain in remand without the Magistrate having jurisdiction to grant bail, requiring the suspect to seek bail from the High Court, where bail could be granted only in exceptional circumstances.
Supreme Court decision on clause 17
The Supreme Court determined that Clause 17, in its original form, was inconsistent with Articles 3 and 4(c) of the Constitution, concerning popular sovereignty and the exercise of judicial power. The Court held that the clause could become law only with a two-thirds parliamentary majority and approval at a national referendum. The government announced that it has no intention of referring this issue to a referendum.