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TISL files FR petition over Human Immunoglobulin & other controversial medical supplies

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Transparency International Sri Lanka (TISL) filed a Fundamental Rights Application (SCFR/ 99/2024) at the Supreme Court on April 16th, highlighting the serious ramifications on the health sector and the general public from the recent controversial procurement of medical supplies including human immunoglobulin (Human-IG).

The Cabinet of Ministers, the incumbent and former higher officials in the health sector, former Health Minister Keheliya Rambukwella, the companies involved in the controversial supplies of Human-IG, Treasury Secretary, Auditor General, Director General of Customs, Inspector General of Police, Members and Director General of CIABOC and the Attorney General are among the 66 Respondents named in the Petition.

The FR application has been filed in the public interest, with the aim of seeking accountability for the misuse of public resources and the violation of fundamental rights of citizens.

The Petition requests the Court to declare that the purported decision of the Cabinet of Ministers and the health authorities to procure medical supplies from Isolez Biotech Pharma AG (Pvt) Ltd, Livealth BioPharma (Pvt) Ltd, Yaden International (Pvt) Ltd, Nandani Medical Laboratories (Pvt) Ltd, Divine Laboratories (Pvt) Ltd, Gulfic Biosciences Limited, Novachem Lanka (Pvt) Ltd and Slim Pharmaceuticals (Pvt) Ltd   is wrongful, illegal, unlawful, null and void, and of no force or avail in law.

Arguing that the actions or inactions of the Respondents amount to an infringement of the fundamental rights guaranteed under the Constitution, the Petitioners seek the intervention of the Court to review the issuance of Waivers of Registration in procuring medical supplies, and direct the Respondents to comply with the procedural safeguards imposed by law, regulations and rules to ensure transparency in procurement.

“It is evident that the alleged ‘emergency’ which prevailed in the healthcare sector was largely owing to mismanagement, giving rise to concerns as to whether such gross mismanagement is indicative of the machinations of individuals holding office in inter alia the Ministry of Health, who orchestrated the said emergency for ulterior motives,” the Petition states.

This Petition is filed in addition to TISL’s ongoing Petition (SCFR/65/2023), which was filed in February 2023, in view of the glaring malpractices and disregard for compliance with law when importing pharmaceuticals under the Indian Credit Line.

TISL, in its latest FR Application, requests the Court to direct the Auditor General to conduct a special inquiry into the decision to procure medical supplies from medical suppliers to whom Waivers of Registration had been issued, and compute the cost incurred by procuring medical supplies through them.

In addition, it requests the Court to direct the Attorney General (AG) to commence prosecution of persons identified to have obtained financial or other benefits through the procurement of medical supplies through the use of Waivers of Registration. It further requests the Court to direct the AG to recover the costs incurred to the State or the public, and seek compensation from the relevant parties mentioned in the Petition.

Meanwhile, Isolez Biotech Pharma AG (Pvt) Ltd and Livealth BioPharma (Pvt) Ltd are said to be owned by Sugath Janaka Fernando, the first suspect in the incident of supplying substandard Human-IG.

In addition, Yaden International (Pvt) Ltd is owned by Sashimal Dissanayake with its manufacturing operations carried out in Katunayake. (Mr. P. Dissanayake, a former chairman of the State Timber Corporation, who was caught while accepting a bribe of Rs. 20 million, is Sashimal’s father.)

Slim Pharmaceuticals (Pvt) Ltd is headed by one Sumith Premaratne.

Nandani Medical Laboratories (Pvt) Ltd, Divine Laboratories (Pvt) Ltd, Gulfic Biosciences Limited and Novachem Lanka (Pvt) Ltd are all Indian companies.

(Excerpts : lankabusinessonline.com)

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Sri Lanka hit with 30% US tariffs

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US President Donald Trump today (July 09) announced a fresh round of tariffs targeting seven countries — Sri Lanka, Algeria, Brunei, Iraq, Libya, Moldova and the Philippines.

Trump took to his social media platform, Truth Social, to share official tariff letters sent directly to the heads of state of these nations.

These tariffs will come into effect from August 01.  This move comes just a day after Trump unveiled a sweeping round of import tariffs of up to 40% on goods from 14 nations, including key trade players such as Bangladesh, Japan, and South Korea.

Accordingly, the countries with newly announced tariffs are :
1. Sri Lanka: 30%
2. Iraq: 30%
3. Algeria: 30%
4. Libya: 30%
5. Philippines: 25%
6. Brunei: 25%
7. Moldova: 25%

The 30% tariff announced for Sri Lanka is significantly less than the 44% initially announced in March. 

Negotiation talks also took place between the US and a GoSL team in Washington.

Relationship, “far from reciprocal”

The US President’s letter to his Sri Lankan counterpart – Anura Kumara Disanayake, emphasizes the United States’ commitment to fostering a fair and reciprocal trading partnership with Sri Lanka. 

Despite a longstanding trade deficit, the U.S. has agreed to continue its economic engagement with the South Asian nation, albeit under revised terms aimed at correcting what President Trump described as “unsustainable Trade Deficits.”
“Our relationship has been, unfortunately, far from reciprocal,” the letter states.

The letter also warns that any increase in Sri Lankan tariffs on U.S. goods would result in a proportional increase in the U.S. tariff rate beyond the initial 30%.

The letter also extended an invitation to Sri Lankan companies to invest directly in the United States, noting that products manufactured domestically would be exempt from the new tariffs. He assured expedited approvals for such ventures, promising a streamlined process “in a matter of weeks.”

(Agencies)

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Clarence’s wife wins copyright case against Sarath Kothalawala

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The Supreme Court has recently delivered its judgment in favor of Sheela Wijewardene, the wife of the late veteran musician Clarence Wijewardene, against Sarath Kothalawala of Torana Music.

The appeal stems from an action filed in the Commercial High Court by Mrs. Wijewardene (Appellant) in alleging that copyright in the lyrics and musical compositions of several songs authored by the veteran musician, late Clarance Wijewardene, has been infringed by the Sarath Kothalawala and Rajiv Sebastian (Respondents) by performing the said songs and producing compact discs incorporating the said songs.

The Appellant had sought an injunction, damages, and the delivering up of infringing materials against the Respondents in the said action filed in the Commercial High Court. During the pendency of the action in the Commercial High Court, the 2nd Respondent- Rajiv Sebastian had entered into a settlement with the appellant admitting the intellectual property rights of the late Clarance Wijewardene and agreeing to pay Rs. 2,000,000.00 as damages.  At the conclusion of the trial, the Commercial High Court granted the Permanent Injunction in favour of Mrs. Clarence Wijewardene against the first Respondent Sarath Kothalawala among other reliefs sought.

An appeal was preferred to the Supreme Court in the year 2013 by Mrs. Clarence Wijewardene seeking the other reliefs. The Supreme Court has upheld the Commercial High Court’s decision of granting the Permanent Injunction against the first Respondent which is in essence;

A permanent injunction restraining the 1st defendant from directly or indirectly reproducing, carrying out any public performance or communicating to the public in any other manner songs in which the economic and moral rights in respect of the lyrics and music compositions belong to the estate of the late Mr. Clarence Wijewardena.

The court further issued a permanent injunction restraining the 1st defendant from advertising, promoting, offering for sale and the sale of Audio Compact Discs and the Audio Visual Work titled ‘Viduru Mal’, ‘Sing along with Rajiv Sebastian’, ‘Reka Heenen Piyamba’ and ‘torana Sinhala Karaoke Vol.2’; and distorting the original music compositions of those songs created by the late Mr. Clarence Wijewardena.

The Supreme Court has not granted compensation or damages against the 1st Respondent, citing agreements between the Respondents where the 2nd Defendant-Respondent had misrepresented ownership of the works and the settlement entered into between the 2nd Respondent and the Appellant. However, the Supreme Court has found that the Commercial High Court had erred in not granting the Plaintiff’s prayer for the delivering up of infringing material in the possession of the 1st Respondent and amended the Judgment of the Commercial High Court accordingly. Thus, the 1st Respondent has been ordered by the Supreme Court to deliver up to the Petitioner all the infringing material in the possession of the 1st Respondent including all copies of the Audio Compact Discs and the Audio Visual Work ‘Sing along with Rajiv Sebastian’, ‘Viduru Mal’, ‘Reka Heenen Piyamba’ and ‘Torana Sinhala Karaoke Vol 2’. This relief granted by the Supreme Court is in addition to the Permanent Injunction granted by the Commercial High Court by judgement dated 30/07/2012.

The Judgment has been delivered by a bench comprised of Justices E.A.G.R. Amarasekara, A.L. Shiran Gooneratne, and Arjuna Obeyesekere.

Dr. Harsha Cabral, PC, with Kushan Illangatillake, instructed by V.W. Kularatne Associates represented the Appellant whilst Mr. M.S.A. Wadood, with Palitha Subasinghe, Tharanga Edirisinghe, Hashane Mallawarachchi, and Dulmini Liyanage, instructed by S.B. Dissanayake Associates, represented the 1st Respondent.

(dailymirror.lk)

(This story, originally published by dailymirror.lk has not been edited by SLM staff)

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Public urged to use drinking water sparingly amid dry weather

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Due to the prevailing dry weather conditions, the National Water Supply and Drainage Board (NWSDB) has requested consumers to use drinking water sparingly and only for essential purposes.

The NWSDB states that the ongoing extreme dry weather conditions across the island is causing a rapid decline in water levels at major sources while water consumption has also increased significantly due to the heat.
It also requests the public to minimize using water for non-essential tasks like washing vehicles and gardening, and to use water only for essential daily needs.

The NWSDB also said that water pressure may be lower than usual in highland areas because of the increased demand.

The NWSDB expresses its regret over the inconvenience caused to the public and urged to direct any inquiries to the ‘1939’ hotline for further information or assistance.

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