Getting it right on human rights – The Island


SLIIT controversy in the context of establishing private sector higher education institutions in Sri Lanka

By Prof Susirith Mendis
(susmend2610@gmail.com)

Having been a regular contributor to ‘The Island’, I have ventured again into expressing my opinion in public spaces after an extended period of silence, as I felt compelled to, after I read the excellently argued piece by Prof R.P. Gunawardane titled ‘SLIIT should remain non-state and non-profit institution’ in The Island of November 23.

Prof. Gunawardane explains why Sri Lanka Institute of Information Technology (SLIIT) should remain non-state and non-profit. He also discusses dispassionately the ‘issues and concerns’ that have come up in recent times about the unsavoury circumstances under which SLIIT ended up completely under private ownership divesting itself from what they might have seen as ‘the restraining clutches’ of the Mahapola Trust Fund (MTF). Prof Gunawardane’s recommendations finally, as well, are mostly acceptable and valuable.

But there are a few places where I beg to disagree and also wish to extend comment on the two topics he has touched upon.

Leaving the comments about the restraints of the University Grants Commission (UGC) on the state universities for later, let me first take issues about SLIIT.

SLIIT and MTF

Things have ‘hit the fan’ since the COPE report on SLIIT became public. Minister Bandula Gunawardane has assured at a meeting chaired by the President, that in his capacity as Minister of Trade, “action would be taken to take over SLIIT divested through fraudulent means”. The Minister used the words “fraudulent means”. The Island of August 10, 2021 headlined its story on the COPE revelations on SLIIT, ‘COPE tells govt. to undo SLIIT swindle’. So, it has been named fraudulent and a swindle.

The Second Report of the Committee on Public Enterprises tabled in Parliament on April 6, 2021, was a Special Report on SLIIT. The report prepared on the basis of an investigation by the Auditor General’s Department has recommended that “the SLIIT be recognised as a non-governmental institution and that the decision taken by the Cabinet of Ministers on 24.05.2017 not to include the said institution under any purview of the Ministry be reconsidered.” It also recommends that “the institution be taken over by the Mahapola Fund.”

Furthermore, the COPE recommended that action be taken under the Public Property Act against ‘all parties involved’ (my emphasis) in the action taken to deprive the government of its ownership of SLIIT and its control by an agreement signed on May 12, 2015 without any formal authority.

Therein lies the crux of this issue, that Prof Gunawardane failed to emphasise. But Prof Gunawardane rightly questions the bona fides of SLIIT in not responding to the summons of COPE to appear before it, using a technicality and informing, through their law firm, that it is ‘not legally obligated’ to do so. If all the actions of SLIIT in the process of the MTF divesting itself of SLIIT were above board, and there was nothing to hide, this would have been the best opportunity that the management of SLIIT had of publicly declaring that it had clean hands. Their refusal to do so is suspicious to say the least. A subsequent full-page advertisement (for which they must have spent a few cool millions) in The Daily Mirror of October 29, 2021, titled ‘The True Story of SLIIT’ was a varnished narrative signed, sealed and delivered to a gullible public. What was curiously revealing was, therein, they relate in passing, “the great risks and sacrifices made by the pioneers of SLIIT,” in particular those of Prof Lalith Gamage. It is a good advertisement. As good an advertisement as all advertisements are and expected to be, where critical information is suppressed, and high-points are emphasised and overblown. Like advertisements for milk foods or table margarines, for instance.

The refusal of SLIIT to appear before COPE may have prompted Wijeyadasa Rajapakshe to move the Supreme Court in terms of article 126 and Article 17 of the Constitution of Sri Lanka to request the cancellation of agreements between the MTF and SLIIT. The former Minister of Justice as well as Minister of Higher Education under the Yahapalana government, has named Cabinet of ministers including the Prime Minister, Members of the Commission to Investigate Allegations of Bribery or Corruption, the IGP, Attorney General, members of SLIIT and the Mahapola Higher Education Scholarship Trust Fund as respondents, and asked for issuing of notices to them and most importantly an order directing the Attorney-General to charge and indict Gamini Jayawickrama Perera, Dr. Wickrama Weerasooriya (deceased), Anil Rajakaruna, Prof Lalith R. Gamage and Prof Luxman Rathnayaka, among others.

Wijeyadasa Rajapakshe alleged that though he made a complaint to the CIABOC on February 25, 2019 that the loss caused to SLIIT as a result of the corrupt transaction at that time was about Rs. 23,000,000,000. (Rs. 23 billion), the outfit did nothing except recording statements from him twice.

As the Minister of Justice and of Higher Education, Wijeyadasa Rajapakshe was privy to all the sordid details of what happened at a particular MTF Board of Governors meeting when the Board was coerced into consenting to the divesting of SLIIT from the MTF.

Now, it is in the hands of the Supreme Court. We shall wait with bated breath. But in the meantime, a debate in Parliament is on the offing, which may bring to the public domain what is still not fully revealed.

Considering all of the above, I cannot but disagree with Prof. Gunawardane that the Vice-Chancellor/CEO of SLIIT should be retained in that position. He has apparently compromised himself, having started splendidly well in bringing SLIIT initially up to what it became later. Here was a golden opportunity for MTF and SLIIT to jointly set up a model for public-private partnership in the provision of higher education to an ‘education-hungry’ generation of Sri Lankan youth. But unfortunately, SLIIT has not conducted itself to be above reproach. Greed has, perhaps, taken over the early ideals of treading new paths in establishing a new kind of higher educational institution, as often as it happens in the conduct of most human affairs. In the end, it seems to have gone the same way as did North Colombo Medical College (NCMC) and South Asian Institute of Technology and Management/Medicine (SAITM) – manipulated by vested interests, for different ends, under different circumstances and different political regimes. Hence, my question in the title. Is it a system failure or corporate greed that creates an environment that attempts at private higher education, as in the three cases mentioned above, have failed our expectations? Failed to show that education, even in the hands of the private sector, is not wholly a ‘tradable commodity, but it is also a public good’.

We, the public also would wish, if it is at all possible, to know the answers to the following:

(i) Why has SLIIT not named the ‘company’ to which the SLIIT Board of Directors transferred the assets of SLIIT in 2015?

(ii) Who owns SLIIT now?

(iii) Why is there deliberate secrecy about ‘company’ that owns SLIIT?

(iv) Who are the shareholders of the above ‘company’?

(v) Does the Chancellor or the Vice-Chancellor/CEO or any other member of the Board of Management of SLIIT have any financial interest or any ownership or shareholding of the said unnamed ‘company’?

Until these questions have unambiguous answers, the truth about SLIIT will not be known.

I believe that a Presidential Commission has to be appointed to probe the allegations of a ‘fraudulent’ ‘swindle’ sullied by corruption at the highest levels of the SLIIT management.

State universities and the UGC

Prof R. P. Gunawardane argues that ‘UGC interference’ in State universities has retarded or restrained their growth and development as universities. I fully agree.

He quotes as examples Harvard, Princeton, MIT, Stanford and all ‘Ivy League’ universities in the US and to a lesser extent the British universities, such as Oxford and Cambridge, that are free from the fetters of government control. I believe that we need to look at their origins and the context in which they were established. Oxbridge were established as religious institutions of learning. The origins of Oxford are lost in the mists of time and legend, but the influence of the Christian Church in these two institutions is well-known. Harvard was founded to train clergy as a ‘church in the wilderness’. Hence, we cannot compare our state universities with the hoary traditions and culture that are behind those institutions that have developed through millennia and centuries. As a result, neither their governance structures nor their ethos can be replicated to our contexts.

Having said that, I agree that we need to strive for higher goals and greater futures for our universities. But, having been in the system for four decades, I have many misgivings about the self-governance of our universities. We have not shown that we have the distinct capabilities of ensuring quality and standards of higher education without state overview. I wish it were otherwise. To illustrate this absence of educational as well as fiduciary or financial responsibility and accountability within our universities, let me quote these two examples.

(1) External Degree Programmes: Several state universities conducted external degree programmes. Sri Jayewardenepura, Kelaniya, Peradeniya and Ruhuna universities were prominent amongst them. As I estimate, 15,000 to 35,000 students were registered annually by each of them. Almost all of them, if not all, were degrees in the Arts and Humanities. The monitoring of quality and standards was poor, and often non-existent. Many academic staff of these universities were external lecturers at mushrooming tutories countrywide, that conducted classes. Though they were expected to make a declaration to their respective universities about their involvement as external teaching staff, to avoid conflict of interest when examiners were appointed, this was practised more in the breach. Corruption became rampant. Examiners were correcting over 5,000 answer scripts. I was not surprised that the Minister of Higher Education, S.B. Dissanayake said publicly that ‘examiners throw answer scripts in the air and give marks according to when and where they fall’. He must have had some inside information. One of them told me that he built his three-storey house from the external degree examination payments he received. The Director of the External Examinations Branch was a much sought-after position. And once in, few left willingly. No control was possible due to pressures of vested interests within universities until the UGC stepped in and limited numbers that could be registered for external degrees by a special circular.

(2) Master’s degree, postgraduate diploma and certificate programmes: Though Bachelor’s degrees are non-fee levying, all other programmes conducted by state universities are fee-levying. Such programmes began to mushroom in all state universities. Academic staff delivering lectures and examining answer scripts were paid handsomely. Therefore, such courses began to proliferate. Master’s programmes were the most lucrative. Some professors and senior staff in universities neglected their undergraduate lectures and concentrated on postgraduate lectures. Examinations were delayed and results were not released for months, if not years. Having paid large sums of money, postgraduate students languished without being awarded their degrees. Some newly established universities with a severe dearth of academic staff even to effectively conduct their undergraduate bachelor’s programmes, were commencing and conducting Master’s programmes. Some even commenced such programmes in Colombo in rented premises with minimal involvement of their academics in the teaching programmes. The quality of these Master’s programmes was much in question. Since the situation was going out of control, the UGC had to bring in stricter criteria for universities to establish postgraduate courses. This had to be done by the UGC because the powerful vested interests within the universities overwhelmed any attempt at internal reform. But, even now, the proliferation of Master’s degree programmes in our state universities are a matter of much concern and debate.

The above are just two examples of the lack of educational and fiduciary or financial governance of the state university system in Sri Lanka.

After all, we are currently debating the deficiencies of governance at the highest levels of government. It is my considered view that neither systems nor persons of adequate integrity are in place for us to entrust self-governance to our universities at present. Corruption will become rampant from student selection to awarding of degrees. This is despite a myriad of UGC circulars. What would the playing fields be, without such an independent referee, and if none of those restraints by circulars (rules) were in existence? I may be a pessimist. But I fear to envisage such a scenario.



Thank you

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