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Opinion

Justice delayed is justice denied and more

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Though mostly based in Sri Lanka I keep returning to England for a few months every year. This is to put in the mandatory period of active work per year needed to keep my licence to practice going. I have long retired from the NHS regular job and return only as an experienced locum being employed by an agency.

It was sometime around 3 a.m. in a sleepy London hospital that I met Dr. Teboho Lesego, himself, a locum from Lesotho. Over lukewarm vending-machine coffee and the distant beeping of monitors, our conversation drifted into unexpected yet astoundingly interesting territory, land disputes, generational trauma, and the tangled skeins of justice.

Lesego shared a story that was both sorrowful and surreal: his late father had owned a modest plot of land near Maseru since the 1930s. He had purchased it legally, registered it with the relevant authorities, and reaped it’s benefits peacefully for over two decades. Then, without warning in the early 1960s, a group forcibly took over the land, claiming possession without title.

What followed was a 60-year legal battle that saw the case hop through district courts, appeals, reversals, and finally the country’s apex court. The final judgment, handed down just a couple of years ago, did not restore his father’s ownership but instead rewarded the trespassers with full title. The reason? A legal concept known as “prescriptive title,” interpreted through precedents dating back to colonial times.

Lesego, usually stoic and reserved, couldn’t hide the tremble in his voice: “How can a person who steals land end up owning it just because the courts took too long to decide? My father waited for justice. And it never came.

Shadows of archaic Law

This case, sadly, isn’t an anomaly. Around the world, particularly in post-colonial jurisdictions like Sri Lanka, Lesotho, or parts of South Asia, courts still lean on century-old judgments to resolve modern property disputes. Cases from the 1830s and 1840s, written during colonial rule and under different social realities, echoing fearful and haunting sounds along the dark long and abandoned corridors of land laws, continue to shape verdicts in democratic societies today.

When these precedents dominate, nuanced facts and lived experiences risk being overruled by technical doctrines, especially when judges are bound to interpret law rather than morality. It’s not that the judiciary doesn’t try; they do. But the system they navigate is often slow, rigid, and steeped or even entrenched in tradition.

A judiciary worth respect

What must be said, loud and clearly, is that judges shoulder an incredibly difficult and thankless task. They must draw meaning from convoluted case histories, sift through decades of testimony, and reconcile conflicting interpretations of law. Their restraint is often mistaken for indifference, their precision for coldness.

Yet it’s also fair to ask: when does adherence to outdated legal formulae become injustice itself? Can possession ever truly trump rightful ownership, especially when that possession was gained not through neglect, but through outright trespass?

Parable of the Caucasian Chalk Circle

This dilemma brings to mind the ancient parable of the Caucasian Chalk Circle, famously dramatized by Brecht, the German theatre reformer. When two women claim the same child, it is not the one who pulls hardest who wins, but the one who lets go of the child to save him from harm. It’s a story about true ownership being defined not by possession but by care, responsibility, and moral rightness. In land disputes, this analogy rings painfully true: the rightful custodian is often the one who nurtures and protects, even when the law, slow and unyielding, rewards only the forceful. When courts lose sight of this truth, justice becomes less a sanctuary and more a game of strategy.

Lesotho. (Image courtesy BBC)

Calling for reform

Dr. Lesego’s story is a clarion call for countries to re-examine their legal frameworks. It isn’t about undermining courts, but empowering them with updated tools. Legislative reform, clearer statutory definitions, and the phasing out of colonial case law in land disputes are essential if justice is to be timely, fair, and humane.

Until then, stories like his will continue to unfold in quiet homes, whispered between generations, never quite finding their rightful place in history.

“A land may be taken from a man,” Lesego said as our shift was inching towards the end, “but the pain is never repossessed.”

“I know this judgement under normal circumstances, is the end of the road for us but if I don’t at least make a valiant attempt to reverse this order through a bigger bench, my father, who is looking down from there will feel utterly and miserably betrayed ” Lesego exclaimed looking up and pointing at the arched high roof of the atrium. I was his confidant. I am the second in the family of five brothers. Though we are equally well educated my dad turned to me whenever he needed unstinted support. So. I can’t let him down, he opened out gaping.

Family’s history of a historical legal battle

With his voice still trembling but with courage and conviction, he continued. “I was in the med school on the hills in my final year 1972 when our home and the six-acre ranch became the property of a mortgagee as my dad failed to settle the mere 15,000 maloti he had borrowed to construct the ceiling of our new house that was being built. Mind you three of us were in the university at the time, my dad’s business had hit the rocks, and our mum’s monthly salary as a school teacher fell well short of being able to fill dad’s budget gap: the recipe for the above disaster. Fortunately, my dad stumbled upon a thing called the Finance Act No. 11 of 1963 in a newspaper that gave relief to people tormented by lean means and fell a prey to mortgagees. With this to back us, I worked alongside my father fighting tooth and nail every step of the way and redeemed the property for us. A near impossible mission accomplished. Naturally my dad from up there must be wanting me to do the same here and I just can’t let him down” he said showing his grit and determination.

About the Author

Dr. M. M. Janapriya is a Sri Lankan Surgical Consultant whose career has spanned continents, cultures, and causes. Though primarily based in Sri Lanka, he spends part of each year working in England to maintain his GMC licence and continue practicing medicine. Throughout his decades-long journey, he has stood firm as an advocate for justice, channelling his expertise and experiences to challenge systemic inequities both within and beyond the health sector.

His recent oration, ‘An Introduction to Dark Virtues of a Lifelong Contrarian’, delivered in memory of his alma mater’s late principal, chronicles his resistance against entrenched injustice and his belief in ethical rebellion powered by professional mastery. This precept runs through his writing: introspective, defiant, and deeply humane.

by Dr. M. M. Janapriya



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Opinion

Ministerial resignation and new political culture

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Kumara Jayakody

The resignation of Energy Minister Kumara Jayakody comes after several weeks of controversy over his ministerial role. The controversy sharpened when the minister was indicted by the Commission on Bribery and Corruption for a transaction he was involved in ten years ago as a government official in the Fertiliser Corporation. The other issue was the government’s purchase of substandard coal from a new supplier. Minister Jayakody’s resignation followed the appointment of a Special Presidential Commission of Inquiry to investigate coal and petroleum purchases. The minister who resigned, along with the Secretary to the Ministry of Energy, Udayanga Hemapala, stated that they did not wish to compromise the integrity of the investigation to be undertaken by the Commission of Inquiry.

The government’s initial resistance to holding the minister accountable for the costly purchase was based on the argument that the official procedure had been followed in ordering the coal. However, the fact that the procedure permitted a disadvantageous purchase which has come to light on this occasion suggests a weakness in the process. The government’s appointment of the Special Presidential Commission of Inquiry to examine purchases as far back as 2009 follows from this observation. In this time 450 purchases are reported to have been made, and if several of them were as disadvantageous as this one, the cost to the country can be imagined. The need to investigate transactions since 2009 also arises from the possibility that loopholes in official government procedures in the past would have permitted private enrichment at a high cost to the country.

Concerns have been expressed in the past that the purchase of coal and petroleum, often on an emergency basis, enabled the use of emergency procurement processes which do not require going through the full tender procedures. The government has pledged to eradicate corruption as its priority. As a result, the general population would expect it to do everything within its power to correct those systems that permitted such corruption. Accountability is not only forward looking to ensure non-corrupt practices in the present, it is also backward looking to ensure that corrupt practices of the past are discontinued. This would be a matter of concern to those who headed government ministries and departments in previous governments. Those who have misapplied the systems can be expected to do their utmost to resist any investigation into the past.

Politically Astute

One of the main reasons for the government’s continuing popularity among the general population, as reflected in February 2026 public opinion poll by Verité Research, has been its willingness to address the problem of corruption. Public opinion studies have consistently shown that corruption remains one of the top concerns of citizens in Sri Lanka. The arrests and indictments of members of former governments have been viewed with general satisfaction as paving the way to a less corrupt society. At the same time, the resignations of Minister Kumara Jayakody and Secretary Udayanga Hemapala are an indication that not even government members will be spared if they are found to have crossed red lines. This is an important signal, as public confidence depends not only on holding political opponents to account but also on demonstrating fairness and consistency within one’s own ranks.

There appears to be a strategy on the part of the opposition to target government leaders and allege corruption so that ministers will be forced to step down. Organised protests against other ministers, and demonstrations outside their homes, are on the rise. The government appears not to want to give in to this opposition strategy and therefore delayed the resignation of Minister Jayakody until it had itself established the Special Presidential Commission of Inquiry. It enabled the minister to step down without it seeming that the government was yielding to opposition pressure. In political terms, this was a calibrated response that sought to balance the need for accountability with the need to maintain authority and coherence in governance.

The demand by opposition parties to focus attention on the coal problem could also be seen as an attempt to shift the national debate from the corruption of the past to controversies in the present. The opposition’s endeavour would be to take the heat off themselves in regard to the corruption of the past and turn it onto the government by making it the focus of inquiries into corruption. The decision to set up a Special Presidential Commission of Inquiry accompanied by the resignation of the minister and the ministry secretary was a politically astute way of demonstrating that the government will have no tolerance for corruption. It will also help to remind the general public about the rampant corruption of past governments which prevents the opposition’s corruption accusations against the government from gaining traction amongst the people.

New Practice

The resignation of a government minister who faces allegations but has not been convicted is still a relatively new practice in Sri Lanka. The general practice in Sri Lanka up to the present time has been for those in government service, if found to be at fault, to be transferred rather than removed from office. This is commonly seen in the case of police officers who, if found to have used excessive force or engaged in abuse, are transferred to another station rather than subjected to more serious disciplinary action. A similar pattern was seen in the case of former minister Keheliya Rambukwella, who faced allegations of corruption in the health field but was reassigned to a different portfolio rather than removed from government.

Against this background, the present resignation assumes greater importance. It signals a willingness to break with past practices and to establish a higher standard of conduct in public office. However, a single instance does not in itself create a lasting change. What is required is the consistent application of the same principle across all cases, irrespective of political affiliation or convenience. This is where the government has an opportunity to strengthen its credibility. By ensuring that the same standards of accountability are applied to its own members as to those of previous governments, it can demonstrate that its commitment to good governance is not selective.

The establishment of the Special Presidential Commission of Inquiry, the willingness to accept ministerial resignation, and the recognition of systemic weaknesses in procurement are all steps in the right direction. The challenge now is to ensure that these steps are followed through with determination and consistency. If the investigations are conducted impartially and lead to meaningful reforms, the present controversy could mark a turning point. The resignation of the minister should not be seen as an isolated event but as the beginning of a new practice. If it becomes part of a broader pattern of accountability, it can contribute to a new political culture and to restoring public trust in government.

by Jehan Perera

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Opinion

Shutting roof top solar panels – a crime

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The Island newspaper’s lead news item on the 12th of April 2026 was on the CEB request to shut down rooftop solar power during the low demand periods. Their argument is that rooftop solar panels produce about 300 MW power during the day and there is no procedure to balance the grid with such a load.

We as well as a large academic and industrial consortium members have been trying to promote solar energy as a viable and sustainable power source since the early 1990’s. We formed the Solar Energy Society and made representations to Government politicians about the need to have solar power generation. This continuous promotional work contributed to the rapid increase in PV solar companies from three in the early 1990’s to over 650 active PV solar companies established today in the country. These companies have created tens of thousands of high-quality jobs, as well as moving in the right direction for sustainable development.

However, all these efforts appear to have been in vain since the CEB policy makers have continuously rejected solar energy as a viable alternative. Their power generation plans at that time did not include solar energy at all but only relied on imported coal power plants and diesel power generation. Even at the meetings where CEB senior staff were present, we emphasised the importance of installation of battery storage facilities and grid balancing for which they have done nothing at all over the past three decades. Now they have grudgingly accepted the need to include solar energy, which was an election promise of the present government. The government policy is that Sri Lanka should go for renewables to satisfy 70% of its energy needs by 2030 and soon move towards the green hydrogen technology by using solar and wind energy.

The question is why the diesel generators and hydropower stations cannot be shut off one by one to accommodate the solar power generated during the daytime. Unlike a coal-fired plant, diesel generators and hydro power plants can be shut off in a relatively shorter period of time. Norochchalai Lakvijaya power plant produces around 900 MW of power while the total country requirement is 2500 MW on a daily basis. The remainder is provided by diesel generators, hydro and other renewable energy sources.

The need for work to achieve this goal of grid balancing should be the primary responsibility of the CEB. Modern grid balancing systems are in operation in countries such as Germany where around 56% of its energy come from renewable sources. They also plan to increase this to reach 80% of the energy required through renewables by 2030. Our CEB is hell bent on diesel power plants. Who benefits from such emergency power purchases is anybody’s guess?

The Government and the CEB should realise that all roof top solar plants are privately financed through personal funds or bank loans with no financial burden on the Government. It is a crime to request them not to operate these solar panels and get the necessary credits for the power transmitted to the national grid. It appears that the results of CEB’s lack of grid balancing experience and unwillingness to learn over three decades have now passed to the privately-funded rooftop solar panel owners. It is unfortunate that the Government is not considering the contributions of ordinary individuals who provide clean power to the national grid at no cost to the Government. Over 150,000 rooftop solar panels owners are severely affected by these ruthless decisions by the CEB, and this will lead to the un-popularity of this new government in the end.

by Professors Oliver Ileperuma and I M Dharmadasa

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Opinion

Nilanthi Jayasinghe – An Appreciation

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It was with shock that I realized that the article in the Sunday Island of April 5 about the winsome graduate gazing serenely at her surroundings was, in fact, an obituary about Nilanthi Jayasinghe, a former colleague who I had held in high esteem. I had lost touch with Nilanthi since my retirement and this news that she had passed away, saddened me deeply

I knew and had worked with Nilanthi – Mrs Jayasinghe as we used to call her – at the Open University of Sri Lanka in the 1990s. As Director, Operations, she was a figure that we as heads of academic departments, relied on; a central bastion of the complex structure that underpinned academic activities at Sri Lanka’s major distance education provider. Few people realize what it takes to provide distance education in an environment not geared to this form of teaching/learning – the volume of Information that has to be created, printed and delivered; the variety of timetables that have to be scheduled; the massive amount of continuous assessment assignments and tests that have to be prepared and sent out; the organization of a multitude of face-to face teaching sessions; the complex scheduling of examinations and tests – all this needed to be attended to for a student population of more than 20,000 and for 23 centres of study dotted across Sri Lanka.

It was an unenviable task but Nilanthi Jayasinghe with her flair for organization, handled it all with aplomb and a deep sense of commitment. If there were delays and inconclusive action on our part, she never reprimanded but would work with us to sort things out. Her work as Director, Operations brought her into contact with staff across the spectrum-from the Vice-Chancellor to the apprentice in the Open University’s Printing Press. Nilanthi treated everyone with dignity and as a result, was respected by all at the university. She was sensitive, kind-hearted, a good friend who would readily share problems and help to solve them. The year NIlanthi retired, I was out of the island. When I came back to the Open University, I felt bereft without the steadfast support of her stalwart presence .

The article in the ‘Sunday Island’ describes her life after retirement, looking after family members and enjoying the presence of a granddaughter.

After a lifetime of commitment to others, Nilanthi Jayasinghe truly deserved this happiness.

May she be blessed with peace.

Ryhana Raheem

Professor Emeritus
Open University of Sri Lanka.

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