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93 new courthouses in next 15 months to clear backlog of cases
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Digitisation of court proceedings to be completed in 4 years
"We have identified that Colombo needs more commercial high courts and new courthouses like small claim courts. New courthouses will be set up in Tangalle, Hambantota, and Tissamaharama in the Hambantota District; in the Gampaha District, it will be set up in places like Wattala, Mahara, even in Mirigama, and more courthouses will be set up in Minuwangoda. Likewise, we are looking at the whole country " Justice Minister Ali Sabry[/caption]
What would be the process adopted in expediting legal hearings, proceedings, and court cases in order to address the backlog in several courts?
We all understand that there are massive (case) delays in the country; it takes such a long time. There is no quick fix for it. Several measures have been planned. For example, the number of judges we have in this country to hear the cases is not enough. We are planning to double the number of judges. We have already done it in the Supreme Court and the Court of Appeal. We will do it in other areas also, so that more judges can hear the cases.
Then, some of the law reforms we are introducing aim at cutting short procedures. For instance, we want certain witnesses to be questioned online, so that time is not wasted and cases can be heard online. Another example is the proposed introduction of small claims courts in order to hear the cases in an expeditious manner. The focus will be on cases dealing with claims valued at less than Rs. 1.5 million, so that you don't need to give evidence with an affidavit all the time.
Additionally, in general, we would be looking to introduce a case management system and the digitisation of the system.
All in all, once all these introductions are made, as a whole, we believe it will ease the pressure on the judges and the cases could be heard more efficiently and more expeditiously.
How is the digitisation of the judicial system progressing? What is the process adopted?
Digitisation is a long-term plan. The larger plan is to digitise and connect all the courthouses in the country within the next three to four years. We have already started in the Supreme Court and the Court of Appeal; we have enacted rules for e-hearings, meaning that online hearings in urgent situations are permitted. Now, the Court of Appeal is hearing cases without having to bring the prisoners to the court. They are connected through video conferencing from their respective prisons. That is the short-term measure adopted during the Covid-19 pandemic and all bail applications were processed through email and WhatsApp and video hearing.
Our programme of four years is bigger than that. That's what we are expecting; to connect the whole country's judiciary and get digital copies of all the records. That would involve the process of calling for expressions of interest (EOIs), that probably will be an open tender. The ICTA (Information and Communication Technology Agency) and Ernst & Young are helping us as consultants in the procurement process and the designing. We are working in concurrence with the Judicial Service Commission.
What would be the basic timeline for digitising court procedures?
Expressions of interest will be called on next, and then we want to start the process by the third term, that is, probably in September or October. Initially, we have identified a few courthouses – about 42 – and then we will roll it out in four stages throughout the country. This four-year project is expected to be completed by 2025 covering the whole country. We are trying to get everyone connected stage by stage.
There are proposals to establish new courtrooms in several areas to clear the backlog of cases. How will this pan out?
This has also not been done in a haphazard manner. We have identified a formula depending on the number of cases pending. Accordingly, we have submitted a plan to create about 93 new courthouses during the next 15 months.
What are the identified areas where new courthouses will be set up?
For example, we have identified that Colombo needs more commercial high courts and new courthouses like small claim courts. New courthouses will be set up in Tangalle, Hambantota, and Tissamaharama in the Hambantota District; in the Gampaha District, it will be set up in places like Wattala, Mahara, even in Mirigama, and more courthouses will be set up in Minuwangoda. Likewise, we are looking at the whole country.
The establishment of courts will be done on three bases. In some places that have existing courthouses, we will immediately be able to do that. In places where we can't wait till the new courthouses are built, we will lease out properties on a short-term basis. New constructions are also taking place, but it will take a few years for those buildings to come up. Likewise, we have a holistic long-term view and approach to the whole issue.
What are the specific legal amendments being looked at, including to the Penal Code?
There are several amendments. For example, we want to amend the Criminal Procedure Code to permit video conferencing and to have pretrial courts; to appoint a pretrial judge so that they will not hear the cases but all the calling cases will be before the judge.
Similarly, we want to look at the (Victim and) Witness Protection Act, statutory rape, the Notaries Ordinance, Rent Act, Condominium Act, Muslim Law, the general law regarding marriage and divorce, etc.; likewise, it's a wide-ranging area.
What's the progress of the amendments to the Muslim Marriage and Divorce Act (MMDA) and general marriage laws?
The expert committees are looking at those now.
Was the cabinet paper submitted?
It is now in the drafting stages; by the Legal Draftsman and the Expert Committee.
What are the proposed amendments to the provincial council (PC) polls and the electoral system?
That has not been finalised yet. Some discussions are ongoing between constituent parties of the Government and they have to agree on the principle. After that, those amendments have to come through Cabinet.
What is the legal process in terms of the PCoI reports on the Easter Sunday attacks and Political Victimisation? How is the Government going to implement the recommendations?
In terms of the PCoI (report) on Political Victimisation, the President has appointed a committee to look into how to implement the recommendations. Until then, none will be implemented.
But as far as the PCoI (report) on the Easter Sunday attacks is concerned, separate agencies have been identified by the ministerial committee to implement various recommendations. Of course, the Government cannot file cases. There's an independent rule (that it needs to be) led by the Attorney General. So, the Attorney General has to do what he needs to do. Some of the laws have to be brought in by our committees, and we will do that. Overall, different agencies will follow different strategies.
What is the progress on preparing the new constitution?
The Committee has requested for time. So, they are in the process of drafting it I believe. That will take some time. The final report will be presented to the President and then the President will probably present it to the Cabinet and take it from there.