18th Amendment gives way to new law

By Chandani Kirinde

The Government has decided to withdraw the contentious 18th Amendment to the Constitution Bill aimed at setting up regional Courts of Appeal following last week’s unanimous approval by Parliament of the High Court of the Province (Special Provisions)(Amendment) Bill which will help overcome the problem of laws delays.

The new Bill will help circumvent the problem of clearing a backlog of nearly 15,000 civil appeals now pending in the Court of Appeal, Deputy Minister of Justice and Law Reforms Dilan Perera said. The provincial High Court is now vested with the appellate and revisionary jurisdiction in respect of judgments, orders and proceedings of the district court within the province, he said.

The Bill which was referred to the Supreme Court as an urgent piece of legislation was ruled constitutional by the Court. The 18th Amendment to the Constitution which was introduced in 2004 to overcome the problems of laws delays could not get the two-thirds majority required to pass it due to manoeuvrings between the two main parties, the UNP and the PA.

The High Court of the provinces will hear cases with two judges sitting together and steps are being taken to appoint at least 18 new judges, Mr. Perera said. The most senior judges will hear the appeals. The new law will also take the process of administering justice closer to the people with people from distant areas not having to travel any more to Colombo for appeals in civil cases.

It has been estimated that if an appeal is filed in 2006, it will not be heard till at least 2015 but with the provincial High Court hearing appeals beginning in January, a significant impact can be made to hear cases sooner and clear the present backlog, Mr. Perera said.