The Hon. Ajith P. Perera
Hon. Ajith P. Perera urged the Justice Minister to present a roadmap for implementing shared constitutional reforms, including a new Constitution, power-sharing, devolution, abolition or reform of the Executive Presidency, and electoral reform, noting that the Government may have sufficient parliamentary and Opposition support to act within the first year. He also raised concern over the 2024 amendment to section 9(a) of the Civil Procedure Code, arguing that allowing cases based on the plaintiff’s residence enables Colombo-registered companies and banks to file money suits in Colombo, burdening that court while reducing work in provincial courts and increasing costs and delays. He requested a prompt remedy to address the jurisdictional effects of the amendment.
Verbatim record (translated)
Machine-translated from Sinhala / Tamil / English¶ 01 Mr. Chairman, Hon. Justice Minister, we all agree on creating national integration, a new political culture, fair power-sharing to resolve the national question, devolution for development, correcting defects in the Executive Presidency and abolishing it, and moving from preferential voting back to a parliamentary electoral system. These are in your party’s manifesto, the President’s manifesto, and ours.
¶ 02 You have a special responsibility to implement these policies—especially a new Constitution. The environment is favorable: by our count, you have close to a two-thirds majority available, and at least 45 Opposition Members are prepared to support. If you do this within the first Session and first year, it can even be approved by referendum. Rarely has there been a better political climate to introduce a new Constitution and change our political culture. I ask for your roadmap. Yesterday, two Hon. Members asked this before the President; there was no answer. Even on Independence Day, the President did not address this foundation issue. As the line Minister, I expect your response.
¶ 03 Another issue: the 2024 amendment to the Civil Procedure Code (No. 43 of 2024) changed section 9(a) on territorial jurisdiction from defendant’s residence alone to plaintiff’s or defendant’s residence. This seemingly innocent change allows any company or bank registered in Colombo to file all money suits in the Colombo District Court. As a result, in Panadura, new money actions have virtually ceased; this will similarly affect other courts. Colombo gets overloaded, provincial courts get underworked, delays and costs rise. This is unfair; please provide a quick solution. Once a case is filed in Colombo, it cannot be transferred back.
Provenance
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- Hansard, Saturday, 1 March 2025 ·No. 1741955797040395 ·English daily/uncorrected Hansard
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Cite as: The Hon. Ajith P. Perera. 10th Parliament, Parliament of Sri Lanka. Hansard, 1 March 2025. No. 1741955797040395. Politick, https://staging.politick.io/lk/speeches/293