The Hon. Harshana Nanayakkara, Attorney-at-Law

¶ 01 (1) Tourist Courts have been established as permanent court zones.

¶ 02 Examples have been presented for that.

¶ 03 (2) The establishment of unified courts is also considered as another measure, by selecting certain Civil and Magistrates’ Courts.

¶ 04 (3) In addition, taking into account the high caseloads and other situational factors, we work together with the Judicial Service Commission to establish new court jurisdictions where necessary.

¶ 05 You know that before the COVID spread, a Court Expansion Programme was started, but it was halted. The core expectation of the Court Expansion Programme was to allocate to each judge a manageable number of cases for the court. For this, we mainly used and based ourselves on the Final Report of the Committee Appointed to Review the Demarcation of Jurisdiction and to Increase the Number of Court Houses Including the High Courts, headed by Justice Mahinda Samayawardhena.

¶ 06 Then, Small Claims Courts and Pre-Trial Courts. Although all the procedures are in place, still there are only two Small Claims Courts, Hon. Member, namely in Kandy and Matara. Therefore, we are constructing new buildings within the court jurisdictions of Galle, Kantale, Matale, Nikaweratiya, Puttalam, Valachchenai and Mahawa to establish Pre-Trial and Small Claims Courts. Then, you can convert those to Small Claims Courts.

¶ 07 The number of Commercial High Courts has been increased to four. Although the fifth High Court was ready, it has not commenced due to an infrastructure constraint.

¶ 08 Seven Circuit Courts have been upgraded to Magistrates’ Courts. They are Medawachchiya, Kahatagahdigiliya, Nochchiyagama, Kalvanachikudy, Kalawana, Passara and Narammala.

¶ 09 Also, based on caseload, we have established three additional High Courts, 12 additional District/Magistrates’ Courts, two additional District Courts and one additional Magistrate’s Court. The three additional High Courts are in Colombo, Anuradhapura and (Mahanuwara) Kandy.

¶ 10 We have identified courts with very old pending cases and, solely to swiftly conclude those old cases, where infrastructure and staff permit, we are attempting to appoint separate judges.

¶ 11 Then, Model Courts. I think it is a programme that was started earlier. It has now expanded up to 21 courthouses and we are continuing with it.

¶ 12 With regard to complaints of unnecessary delays in concluding cases, whenever possible, we have the Judicial Service Commission inquire into them.

¶ 13 When combined courts see rising numbers of criminal and civil cases and become ineffective to function in a unified manner, those combined courts are separated and established as distinct District Courts and Magistrates’ Courts. The courts in Kesbewa, Moratuwa, Walasmulla and Tangalle are examples.

¶ 14 A challenge when increasing the number of courts is the severe staff shortage. For the last two years, there has been virtually no recruitment. We have identified 753 essential vacancies and are in the process of filling them. In addition, we are seeking approval to recruit 151 non-clerical officers as process servers and 29 court criers/ushers.

¶ 15 Also, you know that there is a delay in Government Analyst’s reports because there is a severe staff shortage in the Government Analyst’s Department. To start with, we are in the process of recruiting at least 16 more because, as you know, remand prisons are overflowing because of that delay. This is under our attention, Hon. Member.

¶ 16 You know that compared to developed countries, there are at least 30 to 40 judges per million population. In Sri Lanka, the actual number is 19. Therefore, we have recruited 50 officers as Judicial Officers so far: 46 as Magistrates and four as (presumably) Additional District Judges.

¶ 17 Under the Mediation Boards Special Provisions Act, there are Land Mediation Boards in 16 districts. We will extend them to the remaining nine districts, as an alternative way of reducing the courts’ workload.

¶ 18 Further, by the Mediation Boards (Amendment) Act, No. 2 of 2024, the monetary limit for referral of a civil dispute to Mediation before going to court has been increased to Rs. 1 million. As of now, 126,253 matters have been received by the Mediation Boards.

¶ 19 Separate Title (Land) Courts have been established in Kandy, Colombo and Matara.

¶ 20 A study has been conducted on the digitalization of the court system. The project implementation has been delayed, and steps are being taken to recommence it.

¶ 21 On the Court Automation Programme, we have appointed a committee headed by Justice Arjuna Obeysekere and have identified two court complexes, one in Negombo and the other in Kandy, to implement the Court Automation Programme, which is another attempt to expedite the process.

¶ 22 Also, by establishing an independent and efficient mechanism for the dispensation of justice, our Government will work to build public trust in the process and uphold the Rule of Law. In addition, we will convert the costly court process into one affordable to the public and ensure equal access to justice for every citizen.

¶ 23 (Non-applicable.)

¶ 24 Hon. Speaker, I table the detailed answer relevant to this Question.