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UNP: Fix case backlog, not judges’ tenure

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The United National Party (UNP) Working Committee has approved a resolution calling for the suspension of the proposed constitutional amendment to extend the retirement age of judges, citing that a European Union (EU) assessment report on Sri Lanka does not recommend such a measure.

In a statement issued, following the approval of the resolution, the UNP said the EU assessment had identified the large backlog of cases as the main challenge facing the country’s judicial system, rather than the tenure of judges.

Full text of the statement: The official statement made by the government that a bill to amend the Constitution and the Judiciary Act will be submitted with the aim of further strengthening the independence of the judiciary and efficiently clearing the backlog of cases is unacceptable.

Clearing the backlog of cases is the expectation of all parties. In this regard, our government took steps to obtain a “GOVERNANCE DIAGNOSTIC ASSESSMENT” in consultation with the International Monetary Fund (IMF) technical team. The IMF prepared such a report for the first time in relation to an Asian country at the request of the Ranil Wickremesinghe government.

The assessment report states the following under the sub-heading “Backlog of Cases”:

The most serious problem facing the judicial system is the large number of cases that remain to be resolved (backlog). This also creates problems for the business community. The huge backlog in the judicial system hinders the speedy resolution of current cases, thereby aggravating the situation of further backlog. This pressure on the system causes excessive delays, and the private sector and banks generally try to avoid relying on the judicial system to enforce loan agreements.

The Colombo District Court, which is home to many financial institutions, has about 45,000 cases pending for recovery of money due to breach of contract. On average, 10,000 such cases are registered in this court every year, and each of the 10 judges currently has to handle about 2,000 cases at any given time. The overall case flow in the High Courts and District Courts shows. As it shows, the backlog of cases is enormous, severely hampering the ability to hear new cases within the prescribed time frame.

In addition, the evaluation report specifically includes the following points.

The problem of resolving the backlog of cases can be solved by establishing a dedicated special court.

· The heavy workload of judges has further increased due to heavy court administrative procedures.

· The annual workload of District Judges is about 2000 cases, while Magistrates handle over 5000 cases per year.

Especially in the Commercial High Court, there is a clear lack of sufficient staff to support court administrative work and judicial research.

· It usually takes 6-7 years to enforce a contract in Sri Lanka, and severe delays can be seen as the norm.

· Matters related to the recovery of money are the most common type of case before the High Court.

· In addition to improving the capacity of Alternative Dispute Resolution (ADR) mechanisms, Judicial procedures should be comprehensively reviewed and revised to encourage speedy resolution and minimize trial time.

The evaluation report nowhere mentions the need to extend the tenure of judges.

In light of the above, it is very clear that the argument put forward by the government for extending the tenure of judges is in no way acceptable. What should the government do now in this context?

The report prepared by the International Monetary Fund’s technical team should first be discussed in Parliament. Before that, the views of the Attorney General, Judiciary and the Bar Association of Sri Lanka can also be taken in this regard and a new methodology can be formulated.

All these issues affect the lower courts. There are no problems in the higher courts in this regard.

There is a pressing need to reduce the backlog of cases, which is about 1.1 million, by at least 3-4 hundred thousand.

It has not been mentioned anywhere that the tenure of judges should be extended.

The vacancies in the Supreme Court and other courts should be filled.

The steps that the government should take to ensure that the truth is served are clear.

The proposed constitutional amendment should be suspended for now and the new system to be discussed with all relevant parties and prepared in Parliament. It should then be proposed by the Ministry of Justice, and we will fully support it.



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Govt. confident of 2/3 majority despite NPP split speculation

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Anura / Harini

By Shamindra Ferdinando

The ruling NPP yesterday (21) dismissed claims of a widening rift, within the government, over the proposed 22nd Amendment. Asked whether the NPP was concerned over a section of the Opposition alleging Prime Minister Dr. Harini Amarasuriya and two dozen MPs taking a view contrary to that of the party in this regard, authoritative party sources said some persons were propagating speculation for their own interest.

Declaring that there was absolutely no issue regarding the controversial Amendment, sources emphasised once it was tabled in Parliament, it would be passed with 2/3 majority.

Sources dismissed claims that out of its 159-member parliamentary group a section of NPPers was opposed to the government move. According to an influential Opposition activist, there are 57 JVPers and 66 NPPers in the government group and the rest contested the last parliamentary polls, having aligned with the JVP.

Ministerial sources told The Island that the government was confident of going ahead with the 22nd Amendment and Judicature (Amendment) Bills. Sources said that the NPP was not bothered about the Opposition protests in and outside Parliament.

Speaker Dr. Jagath Wickremaratne is expected to disclose the confidential ruling that he received from the Supreme Court in respect of more than 65 petitions for and against the 22nd Amendment and Judicial Amendment Bills. The enactment of the 22nd Amendment would pave the way for extending the retirement age of Supreme Court judges, from 65 to 67 years, and Court of Appeal judges, from 63 to 65 years.

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Justice Corea appointed Acting President of the Court of Appeal

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Court of Appeal Judge M. Sri Mevan Anthony Edirimannasuriya Corea receives his letter of appointment

President Anura Kumara Dissanayake has appointed Court of Appeal Judge Mayadunna Sri Mevan Anthony Edirimannasuriya Corea as the Acting President of the Court of Appeal.

The appointment has been made as President’s Counsel Nalin Rohantha Abeysuriya, who currently serves as President of the Court of Appeal, will be overseas until the 24th.

Accordingly Justice Mayadunna Corea was sworn in as Acting President of the Court of Appeal before President Anura Kumara Dissanayake at the Presidential secretariat last morning (21).

Secretary to the President Dr Nandika Sanath Kumanayake was also present at the occasion.

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Protest against setting up of cement factory in highly populated area near BIA

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The cement factory premises located in close proximity to a school and the lagoon

… school alleges deception

What began quietly as a single-storey tourist hotel, on the edge of Katunayake-Seeduwa has, five years later, morphed into a looming five-storey cement factory and with it, a storm of fear, anger and unanswered questions.

At a media briefing held on 19 September at St. Thomas International School, Seeduwa, the community finally found its voice. The gathering included priests, school principals, environmental defenders, and parents whose children study within a few hundred metres of the site.

The briefing was led by Rev. Fr. Jude Chrishantha Fernando, Director of National and Archdiocesan Catholic Social Communications, Rev. Fr. Nilantha Heshan, Director of the Archdiocesan Sethsarana Institute, Dinusha Nanayakkara, Convener of the Archdiocesan Committee for the Protection of Muthurajawela, and Attorney-at-Law Ms. Isuri Rodrigo.

Their message was clear: This is not a campaign against development.

“We Are Not Against Cement. We Are Against Deception.”

“Cement is an essential raw material for the country. We have no opposition to any such factory or production plant,” they told the media. “But what we cannot agree to is a project of this magnitude, in this location, without any proper environmental assessment.”

The speakers alleged a textbook case of deception, obtaining approvals for a low-impact tourist hotel, in one of the most densely populated educational zones in the Katunayake-Seeduwa Municipal Council area, and then transforming it into a heavy industrial plant.

“In an area where thousands of schoolchildren study, to show one thing on paper and build another is a highly fraudulent procedure. It is clear that the real environmental damage and the truth have been hidden from the people,” they said.

With the sea and lagoon winds that sweep across Seeduwa, experts fear these fine particles will not stay confined to the factory walls. They will drift across classrooms, homes, and the Katunayake Free Trade Zone, where thousands of workers, representing all 25 districts of Sri Lanka, work every day.

“The risk is not local. It is national. We are talking about a future generation of children with respiratory illnesses, and workers developing chronic breathing disorders,” one speaker warned.

Rev. Fr. Jude Chrishantha Fernando, Director of National & Archdiocesan Catholic Social Communications, responding to journalists

Then there is the proximity that defies logic, just 500 metres from the Bandaranaike International Airport.

The panel presented a scientific concern that has aviation experts worried: a significant drop in air quality around the airport and its runway, and the severe risk to highly sensitive aircraft engines when they ingest air mixed with cement dust. What is at stake, they argued, is not just health but the economy itself.

“When you weigh it deeply, the economic contribution of an international airport is far higher than that of a cement factory. If international airlines start to avoid Katunayake due to safety and air quality concerns, it will be a fatal blow to our country’s economy,” they emphasised.

A few minutes away lies another victim the Negombo Lagoon and the Muthurajawela wetlands, Sri Lanka’s largest and most sensitive coastal ecosystem.

The panel warned that cement dust settling on the mangrove system could degrade water quality, disrupt the delicate salinity balance, and directly interfere with fish breeding grounds. For the fishing communities of Negombo, whose lives depend on the lagoon, this is an existential threat.

“The lagoon is a nursery. If its water quality drops, fish will not breed. If fish do not breed, an entire fishing community collapses,” they said.

The speakers alleged that while the developers claim to have approvals from various state institutions, many of the mandatory clearances, particularly comprehensive Environmental Impact Assessments and feasibility reports, have not been obtained.

They stressed they are not calling for an end to investment, but for it to be done right.

“We have no objection to this factory being started in another suitable location where it will not cause these environmental impacts, based on proper feasibility and assessment reports. Stop this construction here and move it,” was the unanimous demand.

The appeal has now been directed again to the President, the government, and all responsible state institutions and officials.

As the briefing ended, one image lingered — a school playground, a lagoon, and a towering cement structure rising between them. It is a scary picture for the people of Seeduwa; they asks a simple question: What price are we willing to pay for development that doesn’t breathe?

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