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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

Tribute to a distinguished BOI leader

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Mr. Tuli Cooray, former Deputy Director General of the Board of Investment of Sri Lanka (BOI) and former Secretary General of the Joint Apparel Association Forum (JAAF), passed away three months ago, leaving a distinguished legacy of public service and dedication to national economic development.

An alumnus of the University of Colombo, Mr. Cooray graduated with a Special Degree in Economics. He began his career as a Planning Officer at the Ministry of Plan Implementation and later served as an Assistant Director in the Ministry of Finance (Planning Division).

He subsequently joined the Greater Colombo Economic Commission (GCEC), where he rose from Manager to Senior Manager and later Director. During this period, he also served at the Treasury as an Assistant Director. With the transformation of the GCEC into the BOI, he was appointed Executive Director of the Investment Department and later elevated to the position of Deputy Director General.

In recognition of his vast experience and expertise, he was appointed Director General of the Budget Implementation and Policy Coordination Division at the Ministry of Finance and Planning. Following his retirement from government service, he continued to contribute to the national economy through his work with JAAF.

Mr. Cooray was widely respected as a seasoned professional with exceptional expertise in attracting foreign direct investment (FDI) and facilitating investor relations. His commitment, leadership, and humane qualities earned him the admiration and affection of colleagues across institutions.

He was also one of the pioneers of the BOI Past Officers’ Association, and his passing is deeply felt by its members. His demise has created a void that is difficult to fill, particularly within the BOI, where his contributions remain invaluable.

Mr. Cooray will be remembered not only for his professional excellence but also for his integrity, humility, and the lasting impact he made on those who had the privilege of working with him.

The BOI Past Officers’ Association

jagathcds@gmail.com

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Opinion

When elephants fight, it is the grass that suffers

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As a small and open country, Singapore will always be vulnerable to what happens around us. As Lee Kuan Yew used to say: “when elephants fight, the grass suffers, but when elephants make love, the grass also suffers“. Therefore, we must be aware of what is happening around us, and prepare ourselves for changes and surprises.” – Prime Minister Lee Hsien Loong, during the debate on the President’s Address in Singapore Parliament on 16 May, 2018, commenting on the uncertain external environment during the first Trump Administration.

“When elephants fight, it is the grass that suffers”

is a well-known African proverb commonly used in geopolitics to describe smaller nations caught in the crossfire of conflicts between major powers. At the 1981 Commonwealth conference, when Tanzanian President Julius Nyerere quoted this Swahili proverb, the Prime Minister Lee Kuan Yew famously retorted, “When elephants make love, the grass suffers, too”. In other words, not only when big powers (such as the US, Russia, EU, China or India) clash, the surrounding “grass” (smaller nations) get “trampled” or suffer collateral damage but even when big powers collaborate or enter into friendly agreements, small nations can still be disadvantaged through unintended consequences of those deals. Since then, Singaporean leaders have often quoted this proverb to highlight the broader reality for smaller states, during great power rivalry and from their alliances. They did this to underline the need to prepare Singapore for challenges stemming from the uncertain external environment and to maintain high resilience against global crises.

Like Singapore, as a small and open country, Sri Lanka too is always vulnerable to what happens around us. Hence, we must be alert to what is happening around us, and be ready not only to face challenges but to explore opportunities.

When Elephants Fight

To begin with, President Trump’s “Operation Epic Fury”.

Did we prepare adequately for changes and surprises that could arise from the deteriorating situation in the Gulf region? For example, the impact the conflict has on the safety and welfare of Sri Lankans living in West Asia or on our petroleum and LNG imports. The situation in the Gulf remains fluid with potential for further escalation, with the possibility of a long-term conflict.

The region, which is the GCC, Iraq, Iran, Israel, Jordan, Syria and Azerbaijan (I believe exports to Azerbaijan are through Iran), accounts for slightly over $1 billion of our exports. The region is one of the most important markets for tea (US$546 million out of US$1,408 million in 2024. According to some estimates, this could even be higher). As we export mostly low-grown teas to these countries, the impact of the conflict on low-grown tea producers, who are mainly smallholders, would be extremely strong. Then there are other sectors like fruits and vegetables where the impact would be immediate, unless of course exporters manage to divert these perishable products to other markets. If the conflict continues for a few more weeks or months, managing these challenges will be a difficult task for the nation, not simply for the government. It is also necessary to remember the Russia – Ukraine war, now on to its fifth year, and its impact on Sri Lanka’s economy.

Mother of all bad timing

What is more unfortunate is that the Gulf conflict is occurring on top of an already intensifying global trade war. One observer called it the “mother of all bad timing”. The combination is deadly.

Early last year, when President Trump announced his intention to weaponise tariffs and use them as bargaining tools for his geopolitical goals, most observers anticipated that he would mainly use tariffs to limit imports from the countries with which the United States had large trade deficits: China, Mexico, Vietnam, the European Union, Japan and Canada. The main elephants, who export to the United States. But when reciprocal tariffs were declared on 2nd April, some of the highest reciprocal tariffs were on Saint Pierre and Miquelon (50%), a French territory off Canada with a population of 6000 people, and Lesotho (50%), one of the poorest countries in Southern Africa. Sri Lanka was hit with a 44% reciprocal tariff. In dollar terms, Sri Lanka’s goods trade deficit with the United States was very small (US$ 2.9 billion in 2025) when compared to those of China (US$ 295 billion in 2024) or Vietnam (US$ 123 billion in 2024).

Though the adverse impact of US additional ad valorem duty has substantially reduced due to the recent US Supreme Court decision on reciprocal tariffs, the turbulence in the US market would continue for the foreseeable future. The United States of America is the largest market for Sri Lanka and accounts for nearly 25% of our exports. Yet, Sri Lanka’s exports to the United States had remained almost stagnant (around the US $ 3 billion range) during the last ten years, due to the dilution of the competitive advantage of some of our main export products in that market. The continued instability in our largest market, where Sri Lanka is not very competitive, doesn’t bode well for Sri Lanka’s economy.

When Elephants Make Love

In rapidly shifting geopolitical environments, countries use proactive anticipatory diplomacy to minimise the adverse implications from possible disruptions and conflicts. Recently concluded Free Trade Agreement (FTA) negotiations between India and the EU (January 2026) and India and the UK (May 2025) are very good examples for such proactive diplomacy. These negotiations were formally launched in June 2007 and were on the back burner for many years. These were expedited as strategic responses to growing U.S. protectionism. Implementation of these agreements would commence during this year.

When negotiations for a free trade agreement between India and the European Union (which included the United Kingdom) were formally launched, anticipating far-reaching consequences of such an agreement on other developing countries, the Commonwealth Secretariat requested the University of Sussex to undertake a study on a possible implication of such an agreement on other low-income developing countries. The authors of that study had considered the impact of an EU–India Free Trade Agreement on the trade of excluded countries and had underlined, “The SAARC countries are, by a long way, the most vulnerable to negative impacts from the FTA. Their exports are more similar to India’s…. Bangladesh is most exposed in the EU market, followed by Pakistan and Sri Lanka.”

So, now these agreements are finalised; what will be the implications of these FTAs between India and the UK and the EU on Sri Lanka? According to available information, the FTA will be a game-changer for the Indian apparel exporters, as it would provide a nearly ten per cent tariff advantage to them. That would level the playing field for India, vis-à-vis their regional competitors. As a result, apparel exports from India to the UK and the EU are projected to increase significantly by 2030. As the sizes of the EU’s and the UK’s apparel markets are not going to expand proportionately, these growths need to come from the market shares of other main exporters like Sri Lanka.

So, “also, when elephants make love, the grass suffers.”

Impact on Sri Lanka

As a small, export dependent country with limited product and market diversification, Sri Lanka will always be vulnerable to what happens in our main markets. Therefore, we must be aware of what is happening in those markets, and prepare ourselves to face the challenges proactively. Today, amid intense geopolitical conflicts, tensions and tariff shifts, countries adopt high agility and strategic planning. If we look at what our neighbours have been doing in London, Brussels and Tokyo, we can learn some lessons on how to navigate through these turbulences.

(The writer is a retired public servant and can be reached at senadhiragomi@gmail.com)

by Gomi Senadhira

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Opinion

QR-based fuel quota

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The introduction of the QR code–based fuel quota system can be seen as a timely and necessary measure, implemented as part of broader austerity efforts to manage limited fuel resources. In the face of ongoing global fuel instability and economic challenges, such a system is aimed at ensuring equitable distribution and preventing excessive consumption. While it is undeniable that this policy may disrupt the daily routines of certain segments of the population, it is important for citizens to recognize the larger national interest at stake and cooperate with these temporary measures until stability returns to the global fuel market.

At the same time, this initiative presents an important opportunity for the Government to address long-standing gaps in regulatory enforcement. In particular, the implementation of the QR code system could have been strategically linked to the issuance of valid revenue licenses for vehicles. Restricting QR code access only to vehicles that are properly registered and have paid their revenue dues would have helped strengthen compliance and improve state revenue collection.

Available data from the relevant authorities indicate that a significant number of vehicles—especially three-wheelers and motorcycles—continue to operate without valid revenue licences. This represents a substantial loss of income to the State and highlights a weakness in enforcement mechanisms. By integrating the fuel quota system with revenue license verification, the government could have effectively encouraged vehicle owners to regularise their documentation while simultaneously improving fiscal discipline.

In summary, while the QR code fuel system is a commendable step toward managing scarce resources, aligning it with existing regulatory requirements would have amplified its benefits. Such an approach would not only support fuel conservation but also enhance government revenue and promote greater accountability among vehicle owners.

Sariputhra
Colombo 05

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