Operationalising the Anti-Corruption Act No. 9 of 2023: A New Era for the CIABOC

The enactment of the Anti-Corruption Act No. 9 of 2023 (ACA) has significantly enhanced the functional and operational mandate of the Commission to Investigate Allegations of Bribery and Corruption (CIABOC). As per Section 3(2) of the ACA, CIABOC will be transformed from a fully public institution into a 'body corporate.'

This transformation includes the establishment and maintenance of an electronic assets and liabilities declaration system, positioning CIABOC as the central authority for such declarations in Sri Lanka. CIABOC is also tasked with implementing international conventions and agreements, conducting public outreach, monitoring anti-corruption policy implementation, and examining legal frameworks to identify corrupt practices. Additionally, CIABOC is responsible for advising and assisting public bodies, recommending legislative reforms to the government, and investigating and prosecuting new categories of offenses, including money laundering, private sector bribery, foreign officials’ bribery, trading in influence, and sports bribery. Beyond its traditional focus on law enforcement, CIABOC now has a robust mandate for prevention. This shift necessitates a strategic plan to realign the Commission’s human resources framework, enhancing its capacity to undertake these expanded responsibilities.

Section 26 of the ACA empowers CIABOC to employ necessary officers and employees, providing for their remuneration from the Consolidated Fund in consultation with the finance minister and with Parliamentary approval. In response to this statutory requirement and to operationalise the ACA, CIABOC has developed a comprehensive proposal. This proposal outlines the development of a Human Resource Framework, including the conceptualisation of a new organisational chart, the establishment of unique designations, and the implementation of a distinct salary scale for CIABOC in accordance with the provisions of the ACA.

The new organisational chart introduces four main divisions: Law Enforcement, Prevention & Integrity, Assets & Liabilities, and Corporate Affairs. This structure enhances operational efficiency and aligns with CIABOC's expanded mandate under the ACA.

The proposal underscores the CIABOC’s independence by recognising its discretion to attract highly skilled experts, distinguishing CIABOC from other body corporates. CIABOC plans to recruit a new cadre of highly qualified professionals from diverse fields such as law enforcement, forensic accounting, digital forensics, and compliance. Notably, the proposed cadre will not exceed the existing approved cadre of CIABOC, ensuring an effective discharge of functions with a streamlined team of efficient officers.

The revolutionary restructuring proposal acknowledges CIABOC's unique mandate and the necessity to adapt its organisational framework to meet the ACA's demands. By incorporating novel changes and aligning with existing frameworks, the proposal sets the stage for CIABOC to become a leading anti-corruption agency, poised to fulfil its crucial role in Sri Lanka's governance landscape.