The Hon. Hector Appuhamy

¶ 01 Hon. Deputy Chairperson of Committees, I am very thankful for the opportunity given to me.

¶ 02 Today we discuss regulations under the Foreign Judgments (Reciprocal Enforcement, Registration and Execution) Act, No. 49 of 2024. When we prepare to recognize or enforce foreign judgments, I must emphasize that along with this, through our embassies we should also establish a clear procedure and guidance on how these matters will be handled in those countries.

¶ 03 Otherwise, through our embassies, is a specific legal unit being set up for this purpose? For example, in India there are many cases concerning our fishermen; boats get seized and related cases arise. How will these be handled? We know it is very difficult for our people to engage with those cases. They lack support, the fees for lawyers are very high, and institutional costs are heavy. They have no facilities to stay and attend to proceedings.

¶ 04 Further, in some countries we do not have embassies. Then there is no coordination either. Therefore, all these issues must be consolidated, consensus built, and solutions framed. Whenever we accept a foreign judgment, we must also ensure that our side had a fair opportunity to participate, that due process was followed, and that facilities and legal support were available. We should formulate a procedural framework on how the legal arms will function. Along with adopting these regulations, Sri Lanka should implement a dedicated programme with those countries to ensure our citizens can practically avail themselves of the process. The papers before us do not contain such details. Without them, we face a serious question: how will this operate and for what types of cases?

¶ 05 At times, foreign entities litigate in our courts too. For them, costs may be lower and legal aid different in our jurisdiction. But in the listed countries where cases are heard, I reiterate, Sri Lankans will face grave difficulties. Therefore, we ask the Government to explain, alongside these regulations, how facilities for Sri Lankans will be ensured.

¶ 06 Regarding the claim that Nuwara Eliya Municipal Council was “liberated from an unfreed zone,” now that control has been taken, from whom is it being liberated? From Thondaman? If so, are you forming power together with the Thondaman group? Keep in mind with whom you establish control before making such claims.

¶ 07 Let me come to a key point. In Kalpitiya Pradeshiya Sabha, when the Chairman and Vice Chairman were to be elected, on the night before the vote a member sitting in the Opposition—though not from our party—was taken into police custody. The reason for that arrest related to a matter that had already been inquired into by the police a week or two earlier and answered. A minor add-on was used to arrest him the night before the vote. This was a minor matter; he could have been granted bail promptly so he could cast his vote the next day. We spoke to the Senior DIG and all concerned. Yet bail was delayed until after the vote was practically concluded. After finally getting bail, he went from court to the council, but was not allowed to vote. That was pre-planned.

¶ 08 Even if he had been kept in police custody until the next morning, the police could have escorted him under protection to cast his vote. Why was that not done, when in Colombo a member was escorted with police protection to vote? If that can be done there, why not in Kalpitiya?

¶ 09 Remember, you came promising a radical change. Now instead of radical, it looks classical politics. Are you forming these councils with the very “big thieves” you pointed fingers at?

¶ 10 In Kalpitiya, the Commissioner ignored a written request by 19 Opposition members for an open vote. During proceedings, when asked whether the election for Chairman should be by open or secret ballot, a majority stood up for an open vote. The Commissioner refused and insisted she could only allow a secret ballot. Why? Because she knew that if it were secret, a group among those 19 would not vote with the Government’s side. This shows there was a deal, and that state officials were guided by those in power at the local authority. This destroys democracy. When a majority clearly demand an open vote, refusing it and forcing a secret ballot is undemocratic. The Commissioner must have known the numbers and who had struck deals; that is why she acted so.

¶ 11 You did the same in the Colombo Municipal Council. You had only 40-odd seats; where did the 60 votes come from? In Kalpitiya, 19 members formally requested an open vote and then again demanded it by show of hands. Yet when a secret ballot was held, the Opposition side lost by one vote—proving the Commissioner and the Government side anticipated cross-voting under secrecy. Where is conscience here? Is conscience only when voting secretly, but not when raising hands openly?

¶ 12 You are also harassing Opposition members with police action to manipulate council votes. We will go before the courts on these matters—from the wrongful police custody to the way the in-house vote was conducted—and seek justice. If you truly stand for justice, stand for it here too.

¶ 13 This is not an isolated incident. Because such practices are repeatedly used, we must address them. In Colombo, a member who secretly voted with you was given police escort home; in Kalpitiya our Opposition member was kept overnight, produced next morning, got bail, travelled long to the council, but then was barred from voting. This is part of the same deal: arrest one, force a secret ballot—the two are connected. The country needs a complete change.

¶ 14 This voting method has become a broad, corrupt mechanism that undermines law, conscience, trust, and people’s sovereignty, and revives rotten deal-based politics. If you do not end this, your victories mean nothing. Show not only rhetoric about change, but the procedures to do it right.

¶ 15 I also urge you regarding the public service. You frequently point accusatory fingers at public officers. There are many honest, respected public servants who uphold the law and work conscientiously. Among them are a few black marks involved in deals. As the President himself has named institutions with corruption, there should be decisions here too, because such acts tarnish the entire service.

¶ 16 Finally, I wish to raise issues faced by our innocent women working in the Middle East—mothers and young women—on wages, harassment, entitlements, facilities, and even religious and social practices. When making these laws and court-related procedures, coordinate with our embassies and those states to create a programme so our domestic workers can secure proper wages, annual leave after two years, return permits, and ensure sanctions against employers who withhold pay. While we recognize foreign judgments, we must also secure remedies abroad when our citizens suffer wrongs. Please integrate such proposals into your so-called radical change. Thank you.