The Sri Lanka Young Journalists’ Association (YJA) has written to President Anura Kumara Dissanayake raising serious concerns over the ongoing appointment process to fill a vacancy in the Right to Information (RTI) Commission, alleging a violation of the RTI Act.
The letter, signed by the Association’s Chairperson, Tharindu Jayawardhana, and Secretary, M.F.M. Fazeer, states that the process initiated by the Constitutional Council (CC) to call for applications from the public to fill the vacancy does not align with the procedures outlined in the RTI Act.
Referring to the Act’s Schedule, specifically Clause 4, the Young Journalists’ Association emphasises that the President is required to act in accordance with the procedure in Section 12(1), which pertains only to calling for nominations—not applications. They argue that the RTI Act does not contain any provisions for calling for applications from the general public.
Citing precedent, the Young Journalists’ Association points out that following the resignation of former RTI Commission Retired Justice Rohini Walgama, the Constitutional Council previously called for nominations in line with the law. Therefore, repeating that lawful process, not calling for open applications, should have been followed again in this instance, they say.
The letter further warns the President not to proceed with any recommendation forwarded by the Constitutional Council if it has arisen through a process that breaches the RTI Act. It also reminds the President that while the Constitutional Council can fill vacancies within the Commission, the power to appoint a Chairperson lies solely with the President under the Act.
With four current members already serving on the Commission, the letter suggests that one of the three legally qualified individuals—Retired Justice D.N> Samarakoon, attorney Kishali Pinto-Jayawardena, or attorney Jagath Liyanaarachchi—be considered for appointment as Chairperson.
The Young Journalists’ Association urged the President to adhere strictly to the provisions of the RTI Act in all future actions relating to the Commission.
