International Water Management Institute vs. Kithsiri Jayakody – SC APPEAL NO. 11/2011-2010

In the case between International Water Management Institute (Appellant) and Kithsiri Jayakody (Respondent), the court addressed whether immunity conferred on the appellant under an order of the Minister of Foreign Affairs pursuant to Section 4 of the Diplomatic Privileges Act No. 9 of 1996 was valid absent subsequent parliamentary approval, and whether the High Court erred in rejecting the appellant’s plea of immunity. The holding established that the Minister’s order, once published in the Gazette, conferred immunity which remained effective unless and until disapproved by Parliament, regardless of the absence of a certificate under Section 6 or express parliamentary approval. Previous statutory and constitutional provisions, including the Diplomatic Privileges Act and the International