The Hon. Faiszer Musthapha, PC

¶ 01 Hon. Presiding Member, I am thankful that I am given the opportunity to speak in relation to the Orders under the Reciprocal Recognition, Registration and Enforcement of Foreign Judgments Act. Prior to this law, there was an Ordinance in the 1920s. With the repeal of that law, this Act came into being and under it, I believe, judgments of 53 countries would be allowed to be enforced here. The Hon. Minister of Justice and National Integration as well as the Hon. Minister of Women and Child Affairs are here in this House at this moment.

¶ 02 We know that with regard to divorce, there is a major problem of recognition of foreign judgments. I think this clears the path with regard to recognition of divorce proceedings in those 53 countries and thereby, the enforcement of foreign judgments.

¶ 03 Sir, I would also like to make an appeal to the Hon. Minister of Justice and National Integration and the Hon. Minister of Women and Child Affairs regarding this.

¶ 04 Today in Sri Lanka, a divorce cannot be obtained merely by consent. Because we follow Roman-Dutch Law, the husband’s property is considered the wife’s, and the wife’s property is considered the husband’s. Therefore, even in court, evidence has to be led to obtain a divorce. In many other countries, a divorce can be obtained by mutual consent. Therefore, I appeal that we introduce such a reform here as well, so that both the husband and the wife have the right to obtain a divorce by mutual consent. At present, many of our people living abroad have obtained divorce decrees and other judgments in those countries, but have been unable to obtain the benefits thereof here.

¶ 05 However, with these Orders, I am sure this problem would be solved.

¶ 06 Sir, I would also like to emphasize another very important matter to this House. We have a proud judicial system. Parliament exercises its judicial powers through courts. So, we have a fundamental duty to protect our judges. Recently, the Kaduwela Magistrate was suspended because, unfortunately, there was a sex tape about her. That is not only an indictment against her, but against the system because it was a false and malicious statement. At various times, you could also see judges being attacked on social media. So, I appeal to the Hon. Minister of Justice to form a Select Committee and also this Government to take steps against persons who attack judges on social media. Unfortunately, today, such attacks against persons and judges take place not only in our jurisdiction, but also outside our jurisdiction. Therefore, if we are going to protect the integrity of our judicial system, we have to protect our judges from those malicious slander and defamatory statements.

¶ 07 In addition, Sir, there is another issue with regard to the Contempt of a Court, Tribunal or Institution Act in our country. We saw that a lawyer was locked up recently and the Bar Association of Sri Lanka had to intervene and seek his release. We also saw that a person was locked up because his phone rang in the court, which resulted in his death. The Bar Association of Sri Lanka has also expressed their concerns with regard to that. The lawyers too, in certain instances, find the Contempt of a Court, Tribunal or Institution Act an intimidation on the system; it intimidates them. Therefore, I appeal to this Government to revisit the Contempt of a Court, Tribunal or Institution Act and also to look at the report the Bar Association of Sri Lanka is preparing now. If you look at it, you would see that there are various reforms needed to the Act.

¶ 08 Sir, if you take our judicial system, there are only three career Judges in the Supreme Court today. So, we need to look at things differently and I believe that the NPP Government pledged to this country to look at things differently, that they will look at these issues in a holistic manner and at the concerns expressed by all quarters, in a positive manner.

¶ 09 In addition, Sir, our life expectancy is 75 years today. Therefore, if you take our Judiciary, we need to increase the retirement age of the Judges of the Supreme Court and the Court of Appeal and also of the employees of the Public Service because when they are in their 60s, they are in their prime and it is sad to take them out of the system, which prevents them from contributing more towards the judicial system of this country. Therefore, we have to look at things differently.

¶ 10 Then, the question of law’s delays. The law’s delays in this country have been an issue for a long period of time. And, I, as a practising lawyer, would say that infrastructure – buildings and facilities – is not the only issue, but, today, clerical staff, stenographers, computers, photocopiers, all these have also become an issue. Therefore, if we are to improve and have an expeditious justice system, we need to improve the facilities in the judicial system. At the moment, if you take courts, there is a greater shortage in staff required. Therefore, I would appeal to the Minister of Justice and National Integration to look at this matter and address it expeditiously.

¶ 11 Sir, we have a lot of laws to protect women in this country. Unfortunately, in Sri Lanka, domestic violence is on the rise. So, I appeal to the Minister, who is here, to educate the police and have a mechanism with regard to domestic violence.

¶ 12 There is another fundamental issue which I would like to bring to the notice of the House. The law of Sri Lanka is based on the presumption of innocence; until you are convicted, you are presumed innocent. Today, when you look at our prisons, there is a shortage of sanitary facilities. The ratio of toilets to our prisoners is low. Also, they do not have the liberty of having a pillow and a mat. Especially, for remand prisoners, the prison officials should look at them as persons against whom investigations are pending. Also, those officials should be taught that the presumption of innocence operates in favour of the prisoners and therefore, they should not be treated as convicts.

¶ 13 Thank you.