The Hon. Mujibur Rahman
Hon. Mujibur Rahman challenged the Minister’s account of cooperation with Customs unions, citing a Customs Officers’ Association letter alleging that 323 containers were released despite risk-management concerns, including 86 marked for mandatory Red Channel examination. He then questioned the handling of the 50 MW Mannar wind power tender, alleging that procurement decisions after appeals and Cabinet consideration improperly favoured Hayleys Fentons despite earlier technical and bid-bond objections. He demanded transparency on the Cabinet approval of 6 January 2025, argued that the project should have been re-tendered if the process was flawed, and cautioned officials against changing tender documents under political pressure.
Verbatim record (translated)
Machine-translated from Sinhala / Tamil / English¶ 01 Hon. Deputy Chairperson, during the Minister’s speech he said the Customs union now agrees and works together, naming its President as Sanjeewa. On 20 January 2025, that very association wrote to the President stating that, due to the long import container queue, the Director General had released containers contrary to risk management criteria. I am not alleging from the roadside; this is the union’s letter signed by G.J.A. Sanjeewa, President of the Customs Officers’ Association, stating that among the 323 containers released, 86 had been flagged under the Red Channel as mandatory to examine. He further states that among those 323, some importers and clearing agents had previously been penalized for Customs violations. If this is false, take disciplinary action against him; do not blame the Opposition. You fear the union and will not act.
¶ 02 I also wish to raise a critical issue on the 50 MW wind power project in Mannar. An international tender was called on 14 March 2024; five entities bid; opened on 9 May 2024. Two were rejected; the tender went to WindForce PLC. One rejected bidder—Hayleys Fentons (linked to Dhammika Perera)—was rejected for a major deviation in the bid bond.
¶ 03 In July, that company appealed to the Procurement Appeal Board (PAB). The PAB reversed and referred matters to the Cabinet Appointed Negotiation Committee (CANC), which then recommended opening Hayleys Fentons’ financial bid. This was before the change of Government. There were pressures—through a then Minister—on the PAB to take the 50 MW from WindForce and give it to Dhammika Perera. Documents dated 06 August 2024 reflect such pressures.
¶ 04 When the financial bid was opened, in September 2024 the Procurement Committee (PC) wrote to CANC that Hayleys Fentons’ technical proposal failed to substantially meet responsive requirements, and rejected the appeal. WindForce then went to the Court of Appeal and obtained an enjoining order. After President Anura Kumara Dissanayake took office, that enjoining order was withdrawn on 15 October 2024 based on an oral assurance from the Secretary to the Ministry of Power to split the 50 MW as 25/25 between the two. There is no written document, but the case was withdrawn on that assurance.
¶ 05 Subsequently, on 01 November 2024, the CANC reported—operating from the Presidential Secretariat—and recommended awarding to Dhammika Perera’s company despite earlier rejections. A Cabinet Paper dated 16 December 2024 followed; despite listing reasons why Hayleys Fentons could not be awarded, Cabinet approval was nevertheless granted on 06 January. Why was this major public interest decision hidden in Cabinet announcements?
¶ 06 Where is the transparency and rule of law the President promised from that very Chair? Who is Dhammika Perera? You yourselves alleged he held Rajapaksa funds and was appointed via the national list in 2020. Now, tender rules are bent to award him this project; the bid bond issue was a major deviation, yet reversed via political pressure. If this was genuine, you should have re-tendered.
¶ 07 You speak of catching thieves, yet deal with the biggest ones who fostered a black economy. The people did not give you a mandate to replicate the past but to ensure transparency and the rule of law. I also caution public officials: do not alter tender papers under political pressure; one day we will take such officials before court. Thank you.
Provenance
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- Hansard, Wednesday, 5 February 2025 ·No. 1739175806099814 ·English daily/uncorrected Hansard
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Cite as: The Hon. Mujibur Rahman. 10th Parliament, Parliament of Sri Lanka. Hansard, 5 February 2025. No. 1739175806099814. Politick, https://staging.politick.io/lk/speeches/26840