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Justice Minister Ali Sabry on what he’s trying to do

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Omnibus interview with Saman Indrajith

Justice Minister President’s Counsel Ali Sabry is known in the legal fraternity as among the most brilliant lawyers this country has seen in recent times. He has embarked on an ambitious plan to reform the legal system especially in respect of addressing law delays. He is confident that he could bring about the change and that will ultimately help this country and its people to reach their true potential, Minister Sabry said during an interview with The Sunday Island.

Excerpts:

 

Q: What is your assessment of the current political situation?

A:

In the current political situation, when it comes to party politics, the government is of course in a very strong position with its two thirds majority in parliament. Of course there are differences of opinion within the ruling party. That is how democracy works. But still in the government we are all united, compared to the opposition which is weak and not effective.

 

Q: The government came to power promising constitutional reforms. There were reports that the reforming process had commenced months back under your leadership. Would you like to comment on the current statusd of that process?

A:

On the instructions of President Gotabaya Rajapaksa and with the approval of the cabinet we have appointed an 11-member committee led by President’s Counsel Romesh de Silva to report on constitutional changes. It is a committee with diverse opinions and representations of many religions and communities. There are jurists, legal luminaries, legal academics, and members of civil society, Buddhists, Catholics, Sinhalese, Tamils and Muslims. They have been given a mandate to study and examine past attempts to amend the constitutions, to consult the public, religious leaders and political parties and to come up with a draft constitution. They have been working very hard. I understand that last weekend they traveled to Kandy to meet some of the people there to get their opinions as a part of the consultative process. They will submit their first draft in March. It would be then presented to the Cabinet to decide on its passage through parliament.

 

Q: There is a strong opinion that constitutions since Independence have not been able to support building what is known as a unique Sri Lankan identity but instead contributed to promoting communal identities. Do you think that the new constitution would be able to do something different and help promote a pan-Sri Lankan identity?

A:

Ideally that should be the case. But you have to understand that this is a country with a great history based on Buddhism. So Buddhism has to be preserved and given the foremost of place as it has been the case in the 1972 and 1978 constitutions. By doing so it should ensure we respect other religions too. We can embrace good qualities of all our communities and create a Sri Lankan identity that is acceptable to 70 percent of the Sinhala Buddhists. In that case we must promote the brand of Buddhism known in this country for centuries, helping people celebrate each other not despise each other, creating an identity which will help each other. That’s the brand of Buddhism known to people of this country for a long period of time.

The worst done to the Muslim community has been done by those promoting the ideology of Taliban and other extremist groups. They profess a brand of Islam that true Islam is never known for. It is a militant and non-tolerant, a rigid brand. Opposed to that we have a history of Sri Lanka known for its religious tolerance and love of peace. For example while the whole world was hating Japan at the San Francisco summit, Mr. JR Jayewardene, representing this country, who helped them to open their eyes to reality by explaining the Buddhist value that hatred never ceases by hatred but would only cease by love, respect and mercy. Whenever there were disputes between nations in the region, Japan and China, India and China and India and Pakistan, Prime Minister Sirima Bandaranaike met with their leaders and diffused those tensions by professing Buddhist values. When all the powerful nations were trying to write off Palestine from the world map, Mahinda Rajapaksa stood up and supported them.

Those leaders could achieve peace because our society is based on values Gautama Buddha had preached such as equality; respect for each other’s dignity and love. That is the brand I think that we should promote once again. If that happens we will be truly representing ourselves as true ambassadors of this great country and great philosophy of Buddhism which nobody can oppose or go against. It is a choice for all Lankans right now. As a Muslim I hate Taleban Islam. They have inflicted the biggest damage on the Islamic faith. We do not want any extremism of any sort. Every religion preaches peace, harmony, respect and brotherhood. Having said so, Sri Lanka should be primarily a Sinhala Buddhist country. We have been respected by the world as being primarily a Sinhala Buddhist country in the 1960s and 1970s. We must get a Sri Lankan identity which embraces everyone, Sinhalese, Tamils, Muslims so that all can feel proud and say that we, despite all our differences, are Sri Lankans. That is where I want to see this country going.

 

Q: There are news items quoting you of ambitious plans by the justice ministry to effect changes. According to some, the changes mean overhauling the system and that many archaic laws are being changed. How long do you think this would take?

A:

One of the main reasons that compelled me to take leave from the legal profession and enter politics was that the need to change the legal system. This system needs an overall change. In the World Bank’s ‘Ease of Doing Business in 2028’ world ranking we were at 112 out of 185 countries. In the index of ‘Enforcement of Contacts’ Sri Lanka was at 165 out of 189 countries because it takes such a long time to enforce a contract here. Countries such as Ethiopia, Rwanda are ranked better than us because their legal systems are more effective than ours. It is not about the independence of the judiciary per se. With regard to the independence of the judiciary I think we can be happy where Sri Lanka stands today irrespective of the few cases of which people are complaining. Independence of the judiciary itself is not everything. It has to be effective, efficient, time-tested, and affordable. That is what the rankings are about.

Before I started politics I was involved in legal reforms from the Bar Association as an executive committee member, as a treasurer then finally as the deputy president. We have a very strong strategy to look into all matters carefully. In one of our research results we found that Sri Lanka has 15 judges per one million population whereas advanced countries such as Germany and Canada have almost 200; countries like Singapore have more than 100 per million people whereas Malaysia and Thailand have 65 to 68 judges, even India has 20 judges per one million. We decided to increase the number of judges and started it from the Supreme Court and Court of Appeal. More judges would be appointed to lower courts in the coming months.

In addition we started improving infrastructure of court houses countrywide. We have not yet been able to embrace the advantages made available to us by technology. Other countries have done that and digitalized their systems. We recently started the digitizing process. The Supreme Court started e-filing rules. Magistrate Courts and Court of Appeal commenced to hear bail applications online. High Courts now accept e-filing and the Court of Appeal commenced e-hearing. There is so much to be done but we hope we can complete this in four years time.

We are also planning to bring about amendments to many laws that had not been visited for many decades. For that purpose we have appointed three committees on criminal law, civil law and commercial law. Altogether around 20 committees are now working on different specialized areas of law. I am happy to say more than 150 highly respected lawyers are serving in those different committees and most of them serve voluntarily without taking any fee for their services. There is an expectation in our legal community that something is happening and they need to be part of it. I am very optimistic that we could transform this system. It will take some time for results.

In some matters we have been able to see the results. When I assumed duties the backlog of cases stuck at the Government Analyst’s Department was around 16,000. Now, we have almost finished most of those case analyses and by the end of March we finish clearing the backlog. In January, we set a very high target of turning out 4,828 reports. We achieved 104 percent. That was something unthinkable six months ago. I am sure that we can transform the system.

Q: There were reports that Sri Lanka Law College Student’s Union had been agitating for some time demanding that there were academic, infrastructure and welfare issues of students that have been overlooked. There were also reports that the president and secretary of the union met you recently with all those matters presented in writing. The students complain that what they witness is a game of passing buck between authorities. In what way you can solve their problems because it was also your college once.

A:

I have a huge respect, love and admiration for the Law College. It is a great place which has turned out Lankan leaders such as Presidents JR Jayewardene and Mahinda Rajapaksa. We need to preserve that place and maintain its standards and stature and independence. The Incorporated Council of Legal Education is an independent body. The Justice Minister can appoint few people to the council, but the majority is ex officio – the Chief Justice, two members of the Supreme Court, the Attorney General, the Solicitor General, two members from the Bar Association of Sri Lanka and Secretary to the Ministry of Justice. It is an independent body and unfortunately there had been no funding from the government to the council for its functions. They have to meet their expenses with the funds collected as fees from the college. That is the problem.

I took over in August, and I did not want to remove serving members though some were appointed by the previous government. They are also respectable members of our profession. Though they have been appointed to the council by the previous minister, I did not want to be ungrateful and remove them in the middle of their terms. When their terms ended I appointed my representatives including Harsha Amarasekera, the Chairman of the Sampath Bank, Sanjeewa Jayawardena, Naveen Marapana, Sampath Mendis, all are President’s Counsels and Prof Camena Gunaratne and also the Dean of the Faculty of Law of the University of Colombo. I hope the new team will come together and study the situation and decide what is to be done. I agree the Law College needs to be upgraded and it has been long neglected in all aspects of its quality of education, infrastructure, welfare of students, extra-curricular activities, embracing technology etc. I am sure that his lordship, the Chief Justice and his Council will carefully re-look at problems and find a way to upgrade the Law College. I am ever willing to help.

 

Q: Many brilliant lawyers held the post of justice minister. Some of them after their stint in politics returned to the Bar not to be welcomed. For example it is said that when Felix Dias Bandaranaike returned to the bar after a stint in politics, the legal fraternity at Hulftsdorp considered him a ‘plague’. The fraternity including judges and other lawyers will keep in mind what the justice ministers do. How do you see your future?

A

: I do not have long term ambitions in politics. I want to positively contribute for the upliftment of our country. Some people misinterpret even a single word I may say. All my intentions are very pure. I have sacrificed a lot to come here. I firmly believe in a single Sri Lankan identity. I also firmly believe Sri Lankan Muslims should live and embrace Sri Lankan culture. There is a sub-Sri Lankan Muslim culture that is different to the Sinhala Buddhist culture. But it is a Sri Lankan Muslim culture. That has to be embraced. There is nothing for us to be afraid of each other. We can help each other. We must create that environment. That is one of the objectives in my coming to politics.

As I already told you I decided to come to politics because I want to see a change of system. I have seen the agony of clients and people because of the delays. On the other hand this country cannot reach its true potential when the justice system is in the lower slots of international rankings. As long as I am here I work 24 hours by seven. My staff in the ministry too work in the same manner. Those at the government analyst’s department worked many extra hours without even applying for overtime to clear the backlog of reports. I am so grateful to them because they work very hard. They work because they have felt something is happening and the whole bisiness is moving in the right direction.

All the officers in this ministry, I am so glad, are working to complete their tasks. Some of them are working even on Saturdays and Sundays. That means that they know that we have come here for a reason and we will transform this place. The ultimate beneficiary of this work is the general public.

We are interested in making the Sri Lankan legal system world class, to bring our rankings higher so ultimately that will contribute to the rule of law so people will be safe on the streets; that they do not need to wait for a long period of time to see justice being done. After completing this I will go back to my profession to practice law.



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Features

‘Lord Edgware Dies’

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It has been some time since I read an Agatha Christie, the plot of which I cannot remember. So, I was delighted to find on the shelves of a friend Lord Edgware Dies, which I had a vague memory of, but no certainty about who had done it.

When I read it, I found that my memory of who was probably the killer was correct, but I could not be certain and the red herrings Christie threw in were so diverting that until almost the very end I wondered if I had been wrong.

The plot is very simple. Jane Wilkinson, who is married to Lord Edgware, tells him that she is desperate for a divorce since she is in love with a very proper Anglo-Catholic peer, Lord Melton, but Edgware refuses to divorce her. She asks Poirot to talk to him, which he does, and is surprised to find that Edgware has told Jane he is prepared to give her a divorce. This was, after he had categorically refused, through a letter, which Jane said she had not received.

That night Edgware is murdered, after Jane had been to see him, or so the butler said, and also Edgware’s secretary. But Jane had been that evening at a grand dinner many miles away, where a dozen fellow guests could swear to her presence.

There was a solution however to the mystery of two Jane Wilkinsons, namely a skilful impersonator called Carlotta Adams who, in the opening chapter had impersonated Jane Wilkinson, who had also been at the performance. But when Poirot goes to see her, he finds that she had been found dead on the morning after Edgware had been killed, of an overdose. And in her bag was a gold case, with a strange inscription, that contained the drug, along with a pair of pince-nez.

Her maid said she had written a letter to her sister in America and posted it the previous night. Poirot asks Inspector Japp to get the letter, and a transcript is received from America, and in it the name of Edgware’s nephew Ronald Marsh is mentioned; he had taken Carlotta to dinner after her performance, with which the book opens, and had then set her a challenge. Japp arrests Marsh, but Poirot is not happy and asks for the original of the letter, which the sister sends him. That shows that a page is missing, and the tear is obvious, though that raises the question as to why it had not simply been cut.

Matters are further complicated by the fact that Marsh had gone in a taxi to the Edgware house, along with Edgware’s daughter Geraldine, in the interval of an opera which had previously seemed to provide them with cast iron alibis. Geraldine had gone in to fetch her pearls so that Marsh could raise money he needed, and thus had an opportunity to kill Edgware, as did Marsh, for the driver said he had got out of the taxi while waiting and gone into the house.

Agatha Christie

Marsh explained why he had gone to the house on the night of the murder as having followed Bryan Martin, an American actor, who had been in love with Jane, whom he saw go into the house with a key. But there was no one visible when he entered, and Geraldine almost immediately came down and they left together. And Martin too has become an object of suspicion to Poirot, for he had been to see him before the murders were discovered with a story of being followed by a man with a gold tooth – a story Poirot immediately realized was false when he was asked how old the man was, and was told he was young, for young people did not have gold teeth.

A heap of French money Edgware had got for a trip to Paris was missing, but since Marsh had no need for it after his cousin’s offer of help, Poirot deduces that it must have been taken by the butler, who has disappeared. Christie has stressed that he is astonishingly handsome, unusual in a butler, and Poirot notes a resemblance to Martin, so he thinks the mysterious man going into the house must have been him.

Incidentally, later Poirot assumes that Edgware’s change of mind was because he was involved in some scandal, and I believe Christie intends us to see the cause of this in his handsome butler, though this is not specified.

Meanwhile, Poirot has asked Japp to find out the provenance of the case found in Carlotta’s handbag, and it turns out to have been made in Paris, specially commissioned, and collected by a woman with pince-nez.

But then another murder occurs—that of another guest at the grand dinner, which provided Jane with her alibi. The victim is an actor who had been bemused when Jane, at a lunch, thought the Judgment of Paris referred to the city. He told Hastings he wanted to see Poirot, but was killed before he could get to the appointment. Poirot had rushed there when told about his request, but it was too late.

Meanwhile, Poirot has tried out the pince-nez on Edgware’s secretary, but she could not see through these. It was only a chance remark heard outside the theatre that led him to try them out on Wilkinson’s maid Ellis, a spare pair that had been appropriated for the night of the murders.

Poirot then lays things out, having summoned Martin and told him that he probably suppressed Edgware’s letter, as he had been dropped by then and he did not want Jane to marry another. But after teasing Martin, Poirot says that Jane was in fact the murderer, and she got Carlotta to impersonate her at the dinner while she went to the house and killed her husband. After meeting Carlotta later and checking with her through a call that she had not been rumbled, Jane had gone ahead with the murder – she put veronal into her drink and the case with veronal into the handbag. She forgot to take out the pince-nez she had used earlier to imitate an American. Carlotta had registered as the American in a hotel and Jane had gone to see her, and there they exchanged identities. After seen the letter, she made use of it by tearing off the page that referred to her, and the S of She, so that the person who had challenged Carlotta to impersonate her seemed to be a man.

There is a coda in which Jane, condemned to death, writes to Hastings, still full of pride at her ingenuity hoping she will be remembered.

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Desilt reservoirs, learn from our ancient irrigation systems

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Polgolla

by Prof. O. A. Ileperuma

Silting of reservoirs is a major problem today affecting our hydropower production and irrigation systems. The main Mahaweli reservoirs are silted to a considerable extent reducing the water holding capacity of them. Due to poor soil management practices, floodwaters deposit large amounts of silt in these reservoirs. When the Polgolla reservoir was fully drained about two years back, one could see mountains of silt in the lower reaches of the reservoir. A rough estimate is that 50% of the total capacity of these reservoirs has been lost to siltation. This is a serious issue which affects not only power and agriculture but also flood control.

Our ancient irrigation systems ensured that desilting of reservoirs took place under royal decree where all users of the reservoirs were ordered to carry out desilting of reservoirs during the dry season. The clay thus collected was used in making bricks for the construction of great stupas which dot the landscape of our ancient kingdoms. This ensured that the reservoirs had their full capacity filled with water for the next cultivating season. Our ancient kings were clever enough not to construct reservoirs by blocking main rivers such as the Mahaweli. A classic example is the Minipe left canal where they tapped only the surface water of Mahaweli. Even the bigger tanks such as Nuwara Wewa and Parakrama Samudraya were fed with minor rivulets. There were also other ingenious features in the cascade irrigation systems built by the ancient kings, such as mud sluice canals and forest reservations between the reservoirs in the cascade system. These reservations helped trap silt and remove excess nutrients, which could otherwise contribute to increasing salinity as water flowed from one reservoir to another.

Victoria

Moragahakanda

A classic engineering marvel is the former Yoda Ela, which carries water from Kalawewa to Nuwara Wewa and Tissa Wewa. It is 87 km long although the straight distance between these points is only about 40 km. The gradient of this canal is about 10 cm per km or 6 inches per mile. Yodha Ela functions as a moving reservoir and feeds about 4,600 hectares of paddy lands. It is a winding canal with about 120 smaller reservoirs on its way. It was constructed during the reign of King Dhatusena around 459 AD and later expanded by King Parakramabahu by connecting more reservoirs to the network. Unfortunately, during the Mahaweli project our modern-day engineers constructed a concrete canal replacing the winding path of this Yoda Ela also called Jaya Ganga. This effectively removed the ability of the old Yoda Ela to remove silt and nutrients. The bank of this Ela has wet zone trees such as jak and areca nut growing well. They take up the nutrients from the flowing stream making the water suitable for irrigation later.

Ancient Mesopotamian civilisations depended on dams constructed along the two main rivers, Euphrates and Tigris. After continuous irrigation of their fields over several thousand years, salinity of the irrigated lands increased making them unsuitable for agriculture. People died due to famine and this clearly illustrates the danger of blocking main rivers for agriculture. There is scientific evidence that the salinity of paddy soils in the Mahaweli C area is increasing.

We saw the devastation caused by Cyclone Ditwah. The sluice gates of the Kotmale Reservoir were opened, and Kandy and Peradeniya were flooded. If the reservoir had had greater storage capacity, couldn’t the opening of the gates have been delayed? This may not be an argument that modern-day engineers would readily accept, and I am not an irrigation expert. These ideas may well be naïve. But most of us tend to think of reservoirs mainly in terms of hydropower generation and irrigation, while their role in flood control receives much less attention. The question therefore deserves serious consideration. Could restoring lost reservoir capacity through desilting help improve our ability to manage extreme rainfall and reduce flood risks?

Desilting our reservoirs should be considered a national priority.

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Losing out to Ethiopia

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From Trailblazer to Tailender

Export diversification – Missing the wood for the trees – Part III

by Gomi Senadhira

In Sri Lanka, the word “Ethiopia” is often used as disparaging slang to describe individuals or areas experiencing extreme poverty, starvation, or severe economic hardship. This linguistic habit originated in the 1980s with the Western media coverage of the devastating Ethiopian famine of 1983-85. That media coverage shocked the world but also left an outdated and offensive global stereotype that the country is permanently starving. Much has changed since then. By now, with an annual growth rate of around 9%, it is the fastest-growing economy in sub-Saharan Africa. Ethiopia has also emerged as a highly competitive exporter and is challenging not only its competitors in the region but also countries like Sri Lanka. This article is on how Sri Lanka has lost ground to Ethiopia (and a few other countries) in the GCC markets for agricultural and floricultural products.

Sri Lanka – A Pioneer in the Agriculture and Floricultural Market in the GCC

As discussed in Part II of this article, by the mid-1980s Sri Lanka had established a strong foothold in the GCC’s fruit, vegetable, and floricultural market. Geographical proximity and well-established shipping and air links gave Sri Lanka a strong comparative advantage over Southeast Asian and African nations. Thailand, Vietnam, and Kenya were not even in the market. At that time, Ethiopia was experiencing (as BBC news reports described) “a biblical famine”.

The market was not very large, but it was lucrative and growing. Trade Minister Lalith Athulathmudali as well as the Chairman of the Export Development Board, Victor Santiapillai, who visited Kuwait (and the GCC countries), recognised the market potential for these products and encouraged us to continue with our work. The minister was particularly keen to further develop links between the market for these products, exporters, and his Export Production Villages (EPVs). So, it was becoming a successful case not only for export diversification but also for transferring gains from exports directly to rural households.

From Trailblazer to Tailender

As a result, even by the beginning of this century Sri Lanka had a larger market share than most of its competitors from Asia or Africa. But since then, our competitiveness has weakened significantly. The tables below provide a comparative snapshot of Sri Lanka’s performance vis-à-vis Thailand, Vietnam, Kenya and Ethiopia in the GCC market for vegetables, fruits and floricultural products. As illustrated therein, in 2001 Sri Lanka was ahead of Thailand, Kenya and Ethiopia in this small but rapidly growing market. Since then, we have fallen behind Thailand, Kenya and many other countries in that lucrative market. If this trend continues, Sri Lanka will fall behind Ethiopia within the next few years. (See Table 1)

In the GCC market for vegetables (covered in HS chapter 07), Sri Lanka was ahead of most other competitors in 2001. As illustrated in Table 1 , Sri Lanka had failed to develop this market, while Thailand, Kenya, and even Ethiopia had very efficiently increased their market shares. The GCC is a market to which Sri Lanka can supply some vegetables, like cabbages, by sea. It appears Sri Lanka had also failed to exploit this mode of supply.

We can see a similar trend in the market for fruits. Vietnam, Kenya, and Thailand have emerged as major players, while exports from Sri Lanka have staggered on slowly. In this segment, Vietnam has emerged as a leading player during the last twenty years and the GCC imports from Viet Nam have shot up from US$44 thousand in 2001 to US$346 million by 2024. In part one of these articles, I discussed the remarkable increase of jackfruit exports from Vietnam “…just $3 million in 2015 to an impressive $236.8 million in 2023” while most of our jackfruit production rots under the trees. This explains how countries develop their markets, geographically and product-wise. (See Table 2)

Sri Lanka’s performance has been weakest in the market for floricultural products (HS Chapter 06), which groups live trees, cut flowers, and ornamental foliage. When we first entered the market in the 1980s, the market was dominated by the Netherlands, and Kenya and Ethiopia were not even in the market. At that time, we identified the Gulf states as a market where Sri Lanka could have a dominant presence due to geographical proximity. Even in 2001, Sri Lanka was ahead of Kenya, Ethiopia, and Thailand. But by now, Kenya has emerged as the dominant supplier. Ethiopia is also expanding its market share and is the third-largest exporter. (See Table 3)

Missing the Wood for the Trees

In the mid-1980s, Sri Lanka first established its foothold in the GCC market. Since then, Thailand, Vietnam, Kenya, and even Ethiopia have moved well ahead of us and have become leading players. Why did we lag behind in our export diversification efforts in general and, more particularly, in the GCC market?

The reasons are very clear. After the initial attempts in the 1980s and early 1990s, Sri Lanka has not been proactively involved in identifying, developing, and promoting new products and markets, or protecting and further developing new markets already established. The focus has simply been on traditional exports: tea, coconut, cinnamon, and garments, while other products were almost ignored. In essence, we have been and continue to focus intensely on a narrow group of products and markets, and we have lost sight of the bigger picture.

(The writer can be reached at senadhiragomi@gmail.com)

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