The Legal Aid Commission conducted a Capacity Building Programme on ‘Right to Information Act for the Officers attached to the Supreme Court and Court of Appeal in Sri Lanka on April 26 at the Legal Draftsman Department Auditorium.
Right to Information Act (RIA) was passed in the Parliament on June 24, 2016. It empowers the public to obtain necessary information from government ministries, departments, state corporations and statutory bodies, local government institutions, NGOs, private universities, higher education institutes and judicial bodies. This legislation is very important to those who are working in the government sector.
This is the second programme of the series of programmes organized by the Legal Aid Commission on Right to Information Act targeting government officials. The first programme was conducted for officers attached to the Mediation Board Commission, Labour Tribunal Secretariat and Legal Aid Commission.
For the second programme, 150 Officers from Supreme Court, Court of Appeal and Martial’s Office of the Supreme Court participated to the capacity building programme.
Consultant to the Ministry of Parliamentary Affairs and Mass Media Piyathissa Ranasinghe and Attorney-at-Law and National Media Centre Director Jagath Liyanarachchi, conducted sessions on applicability of Right to Information Act in public sector and focused on the following key issues.
l International trends and the background of the RTI Act
l Access to Information and Right to Information
l What is information?
l Types of Information allowed/not allowed for public
l Procedure to request information
l Gazette regulations on RTI Act
l Appointing Information Officers and Appeal officers and their responsibilities
l Functions of Information Authority
l Penalties and Court procedure
l Charges for information
l Practical issues related to RTI Act
LAC PC Chairman Rohan Sahabandu, Supreme Court Registrar M.M. Jayasekera, LAC Legal Officer/Appeal Officer Piyumi Kumari Samarasinghe and LAC Legal Office/Information Officer Thamarashi Wickramanayke also participated in this programme.
LAC Information Officer Thamarashi Wickramanayake appointed, under the Right to Information Act, coordinated this event to raise awareness among the other government officers. The LAC further plans to continue this series of Capacity Building Programs Island-wide for the government officials, general public, forces, etc.
Programme Corner
Migrant Workers Forum – Negombo
The Legal Aid Commission conducted a Forum for migrant workers and the members of their families on April 27 at the Negombo Court Complex. The objective of the Programme was to discuss the legal issues related to migration for employment.
The UN representatives on migration also participated.
A legal Aid Clinic was held at the end of the programme.
The UN Representatives shared their views and inputs to uplift the standards of Migrant Workers and their families in Sri Lanka. The LAC also submitted a report on the Legal Aid Work for migrant workers.
Foreign Employment Bureau AAL – DGM K. Muthukumarana, L/O LAC Piyumi Kumari and L/O LAC Thamarashi Wickramanayake, conducted sessions and the legal aid clinic for participants.
Priyan de Silva
The China National Machinery Import & Export Corporation (CMC) is a Chinese’s Government entity and will not compromise quality, safety or stake its reputation, Matara - Kataragama Railway Extension Project General Manager Tang Ming said.
Ming said this in response to allegations made by former team leader appointed by the project consultants, the Central Engineering Consultancy Bureau (CECB) at press conference recently. “We are deeply concerned about the allegations” he said.
The Ministry of Transport (MOT) awarded the designing and construction of phase one of the Matara – Kataragama railway extension to China National Machinery Import & Export Corporation while appointing the Central Engineering Consultancy Bureau as consultants. Phase one which is the 27km stretch from Matara to Beliatta will cost the Sri Lanka government US$ 278 million and is financed by China’s Exim Bank.
“CMC with a staff of over 2000 is experienced in the construction and upgrading of railway lines and has successfully completed the construction of the 158km Ankara - Istanbul high speed railway project in Turkey which commenced in 2006 at a cost of US$ 1.27 billion before engaging in the construction of phase one of the Matara - Kataragama railway extension project in 2010. CMC has also been awarded the locomotive and carriage and construction plants and component assembly project in Myanmar in 2013 at a cost of US$ 102 million and in 2015 was awarded the high speed upgrading of the 926 km Teheran - Mashhad railway project costing US$ 1.69 billion. All the above projects are on a design and build basis and are financed by China Exim Bank. In addition the company has supplied many Diesel locomotives and passenger carriages to Pakistan, Iran, Thailand, Myanmar, Bangladesh, Vietnam,Turkmenistan, Brazil, Cuba and even Sri Lanka” CMC’s Project Manager in Sri Lanka Wu Fan Yu.
“We have cast over 300 concrete girders for the southern railway extension project of which only less than 1% failed certification.
These girders have been discarded and the rest have been launched under the supervision of the CECB and Ministry of Transport. It is the CECB that has been appointed by the Ministry of Transport (MOT) to approve and monitor the design and construction of Phase one of the Matara - Kataragama Railway extension and engineers from CECB are expected to approve contract material submissions, contract methods and monitor every step of the construction process. It is only once they certify that we can proceed with the construction or move on to the next step” explained Tang.
“It is true that the project is behind schedule. There are many reasons for the delay including adverse weather conditions and also include delays caused by CECB as they lacked sufficient experienced personnel, failed to review documents within the stipulated time (21 days) and lacked construction practice and professional capacity to engage in a new railway construction project such as this one”
“It is the Ministry of Transport the client that appoints the Project Consultants and CMC is bound to comply with the consultant’s requirements and recommendations. We have no authority to hire or fire CECB personnel. In most probability the CECB’s project consultant may have been replaced as he lacked professional experience and knowledge of new railway construction project, poor management of the CECB site team and impolite behavior for which he had been warned on more than one occasion by the MOT. If the allegations made by the former CECB team leader why didn’t he reveal these incidents when they occurred and wait till he was replaced to tarnish CMC’s reputation?,” Tang queried.
Requesting Information under RTI Act
Question
Can a foreigner request information under Right to Information Act? If so, which institutions are liable to provide information?
Almeida, Mt Lavinia
Answer
As per Section 3 (1) of Right to Information Act subject to the provisions of Section 5, every citizen shall have a right of access to information which is in the possession, custody or control of a public authority.
The interpretation clause (Section 43) explains what Public Authority is. The 'citizen' also includes a body whether incorporated or unincorporated, if not, less than three-fourths of the members of such body are citizens.Revocation of Irrevocable Deeds of Gift on the Ground of Gross Ingratitude Act No. 5 of 2017
Question
What is the current law on revocation of irrevocable gifts in Sri Lanka? Is there a specific act passed for this purpose and what are the grounds for revocation?
Final Year Law Student
Answer
Yes. There is an act passed recently. According to the Revocation of Irrevocable Deeds of Gift on the Ground of Gross Ingratitude Act No. 5 of 2017, an irrevocable deed of gift may be revoked on the ground of gross ingratitude. Only on an Order made by a competent court, in an action filed by the donor of such deed against the donee to have the said deed revoked. This action has to be filed in the District Court within a period of ten years from the date of the execution of such deed of gift and within two years from the date on which the cause of action arose.Appointing the Public Trustee as the executor of a Last Will
Question
Can I appoint the Public Trustee as the executor of my Last Will?
Daily News readerAnswer
A person can appoint the Public Trustee as the executor of his last will, if he wishes so. A receipt is issued in acknowledgement of its safety to a person who places the last will in the custody of the Public Trustee and the person who submits that receipt after his death can have the last will opened. If the Public Trustee has been appointed as the executor then, he could intervene for the commencement of testamentary proceedings and if the Public Trustee has not been appointed as the executor, the last will is released to the executor mentioned therein for necessary action.
If you need to appoint the Public Trustee as the executor/trustee of your last will, all you have to do is to add the clause 'I do hereby appoint the Public Trustee of Sri Lanka as the executor of my last will' or if you wish to appoint him as the trustee as well, to add the clause 'appoint the Public Trustee of Sri Lanka as executor and trustee of my last will.'Obtaining lost document due to natural disaster
Question
I am a victim of the flood disaster which happened recently in Sri Lanka. I lost all my documents such as national identity card, marriage and birth certificates, examination certificates of my children and deeds. Please advise me how can I obtain those documents again?
Flood Victim, Ratnapura
Answer
The duplicates of the Birth and Marriage certificates can be obtained from the divisional secretariat office where the birth or marriage occurred. To obtain such documents, you have to provide details of your birth or marriage. You can apply for a new national identity card through the Grama Niladhari of your area. The government will also conduct mobile clinics to provide lost documents in divisions for victims of natural disasters. You can obtain the copies of the lost deeds from the Notary who attested the deeds or from land registry where Notary handed over his duplicates of the deeds. Family dispute
Question
I filed a maintenance case against my husband for neglecting me and my children. After one year, he filed a divorce case against me. The case is still pending. His Attorney-at-Law requested the court to refer this matter to the family counsel. We thought to settle down again for the sake of our child. We lived together for two weeks. In the meantime, I withdrew the maintenance case, but he started fighting with me again and we separated. Recently, I got to know that I am pregnant because of my husband. Now he says this is not his child. As the divorce case is still pending, what are the legal remedies available for me? Will this situation make a favour on my husband to divorce me?
Frustrated wife
Answer
As there is no settlement, you can proceed with the divorce case. You can file a fresh maintenance case against your husband and claim maintenance for you and your children. If he denies paternity, then you can ask for a DNA test. If the DNA test says that he is not the father of your child, then your and newly born child will not get maintenance. If he has filed the divorce case on the ground of adultery, the result of the DNA test will affect the divorce case. Ownership of a leased property
Question
I leased my apartment to a person 8 years ago. Every year I am renewing the Lease Agreement and he is living with his family for 8 years. He pays monthly rentals properly. However, I am scared whether he will claim the ownership of my apartment as he is living there continuously for 8 years. Please advise me?
Manatunga, Panadura
Answer
As he is using your property under a valid lease agreement, he can’t claim the ownership of the property and both parties are liable to follow the terms and conditions of the Lease Agreement. If one part breaches the condition, then the other party can go to the District Court on breach of contract and seek legal remedies.