Introduction - Basic law in schools

The Ministry of Education has introduced Civics and Governance as an optional subject in grades 10 and 11 from 2007. The Legal Aid Commission strongly supports this decision as a significant step towards the development of legal awareness of public in this country.

The LAC has been in the forefront among the institutions that has clamoured for introduction basic law specially humanitarian law in schools.

Creating legal awareness among the public is a key function allocated to the LAC under Law No. 27 of 1978 which established the Legal Aid Commission.

During the past few years, the 35 LAC Centers islandwide from Jaffna to Hambantota with the help of Local Bar Associations have conducted numerous programmes for public servants including Grama Niladharis and for school children with the cooperation of the Ministry of Education, both national and provincial.

The Schools Programme Desk of the LAC headed by Yamuna Kumari, AAL has already established over 100 Law Circles in schools to function as focal points to promote legal awareness among the school children.

The LAC has just concluded an islandwide schools essay competition on the subject of ‘Human Rights and Duties’ and the awards ceremony is scheduled for February 23 presided over by the Minister of Education, Susil Premajayantha who himself is a reputed lawyer.

The essay competition was aimed at promoting the importance of human duties to each other and the environment along with educating on human rights.

Over a thousand essays in Sinhala, Tamil and English from school children in Jaffna, Batticaloa to Tissamaharama were received.

Many of the award winners are from remote schools.

The law makers should support this legal awareness programme. Parliamentarians are the main source of law in our democracy. During the past few years they have enacted important rights-based legislation to promote social justice.

Among them are Protection of Elders’ Rights Law, Tsunami (Special Provisions) Law, Domestic Violence Law and recently Alcohol and Tobacco Authority Law.

Enacting laws dealing with social and human rights issues are very commendable but as these laws are mostly not lawyers’ laws but affecting the general population a systematic awareness programme targetting our next generation should be launched.

The ‘Civic and Governance’ Curriculum should include these social legislation. The proposed syllabus for ‘Civics and Governance’ should form a topic of a public debate.

The Legal Aid Commission through its 35 Centers are willing to support this laudable initiative of the Minister of Education by providing training, research and undertaking to assist in upgrading the syllabus to include the social justice legislation, mentioned above.

The people have a right to be informed about people-friendly legislation. The LAC would undertake programmes to achieve this objective.

S.S. Wijeratne

Questions and Answers

Revocation of Proxy

Question: A land dispute in which I am unnecessarily involved has been going on for ten years now. The Attorney who has been retained by me appeared by me appears to be in no hurry to finish it and is moving for dates for no valid reason. He however charges his fee which by normal standards is fairly higher than what other Attorneys charge.

Since I cannot bear this anymore, I decided to entrust the brief to another Attorney who by all standards is more reliable. My problem is that the Attorney who handled the case for me evades handing over the file to me with the proxy revoked.

Can he retain my file without my consent? How can I obtain custody of the file with the revocation of the proxy, from him?

An early reply through the Legal Aid Column will be greatly appreciated.

Stanley Munasinghe

Mawanella

Answer: You have to discuss the matter with your lawyer and get an amicable solution to revoke your proxy. If he is not willing to revoke the proxy, you can make a complaint to the Ethics Committee of the Bar Association of Sri Lanka, No. 153, Mihindu Mawatha, Colombo 12 under registered post.

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Apartment of Ownership Law No. 11 of 1973

Question: I own a 2 unit flat consisting of 3 floors in Kandy. I wish to sell the upper unit. Is it compulsory that I register this transaction with the Condominium Authority? What are the advantages/disadvantages. Please advice.

T. C. Badoordeen

Kandy

Answer: To sell part of your apartment, you have to be registered under the Condominium Authority (Apartment Ownership Law) Act No. 11 of 1973 with the latest amendment No. 39 of 2003.

The registration is necessary in order to seek relief. If you need further information in this regard, you can meet one of our legal aid lawyers with your deed and get free legal advice.

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Definition of Collective Agreement

Question: What is a Collective Agreement?

Keen Reader of Daily News Legal Aid Page

Answer: A Collective Agreement is defined in the Industrial Disputees Act as an agreement between -

(i) any Employer or Employers; and

(ii) any workmen or trade union or trade unions consisting of workmen; and

(iii) which relates to the terms and conditions of employment of any workman, or the privileges, rights or the duties of any Employer or Employers or any workman or any trade union or trade unions of workmen, or the manner of settlement of any industrial dispute.

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Labour Tribunal’s power to order gratuity

Question: I have been working in a Mercantile Firm which has a workforce of more than 30. I resigned from my employment after serving the Company for six years. Although my resignation was accepted, I was not paid my gratuity. Can I file a case against my Employer? Kindly also let me know through your column the powers of the Labour Tribunal with regard to the payment of gratuity.

M. J. Kamaldeen

Maradana.

Answer: In terms of the Payment of Gratuity Act No. 12 of 1983, you are entitled for your gratuity payment. If gratuity has not been paid to you, you can make an application to the Labour Tribunal requesting for such payment.

The Labour Tribunal has the power to make order for the payment of gratuity in the case of an employee who makes an application to the Tribunal on the termination of his services and who had been employed in any industry employing less than 15 workmen on any date during the period of 12 months preceding the termination of his services.

The Tribunal also has the power to make order on the question of forfeiture of gratuity made under Section 13 of Act No. 12 of 1983.

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Employment of female workers in the night

Question: Is the employment of female workers in the night legal?

W. Justin Fernando

Biyagama

Answer: According to the Provisions of Section 2A of the Employment of Women, Young Persons and Children Act, certain conditions have to be fulfilled. As female workers are employed one whole week in the day shift and another one whole week in the night shift, it was revealed that female employees are employed at night at least for two weeks in the month.

Therefore, it is observed that a female worker is employed in excess of 10 days for a month. Further, no written consent of the female workers have been obtained, and no prior sanction has been granted by the Commissioner of Labour to employ female workers in the night. The services of a warden, provision of refreshments and availability of rest rooms have not been adhered to.

Under the above circumstances, there is no legal coverage for the employment of female workers in the night as it has violated some conditions which should have been fulfilled.

Further under the Employment of Women, Young Persons and Children Act, any person under 18 years of age is considered a “young person” and the employment of a young person in the night is prohibited. Thus, the employment of female workers under 18 years of age is illegal.

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National Authority on Tobacco and Alcohol Act No. 27 of 2006

Question: Could you kindly define the following”

(a) “public place”

(b) “enclosed public place” under the above Act?

J. S. Fernando

Borella.

Under the National Authority on Tobacco and Alcohol Act No. 27 of 2006, “public place” means any place to which the pubic have access, whether as of right or otherwise.

“enclosed public place” includes any government department, statutory authority or board or public institution, office premises, bank, court house, auditorium, sports complex, hospital, clinic, dispensary, laboratory, school, university or other educational institution, library, museums, places of worship, hotel, guest house, lodge, hostel, restaurant, club, internet cafe, cinema, theatre, supermarkets, airport, a waiting room in railway station or bus terminal, any public conveyance, building, any built in area and lift.

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What is an injunction?

Question: Please let me know what an Injunction is? Please explain?

Surani

Moratuwa

Answer: An injunction is an order issued by Court restraining a person from doing something. A person whose rights are being, or are about to be wrongfully interfered with by another, or who is suffering or about to suffer danger or serious inconvenience because of some wrongful act of another is entitled to ask court to issue an injunction against that person. Injunctions may be either permanent or interim.

The former are issued only at the end of a trial after both sides have had a chance to fully state their case. An interim injunction restrains a person from doing something pending the hearing and determination of a case and is therefore granted before the case is over, and often before the trial has commenced.

In order to obtain an interim injunction the plaintiff must establish that the defendant is:

(a) Committing or about to commit an act or nuisance which would produce injury to the plaintiff; or

(b) Doing or about to do some act or nuisance while the case is pending which would be a violation of the plaintiffs rights in respect of the subject-matter of the action and tend to render judgement ineffectual; or

(c) About to remove or dispose of his property with intern to defraud the plaintiff.

An injunction is usually asked for in the plaint along with a prayer for other relief, e.g. a declaration that the plaintiff is the owner of a certain piece of land and an injunction to prevent the defendant from encroaching on to the land.

However sometimes after an action has been filed circumstances arise in which an injunction becomes necessary and the party may then file a separate petition and affidavit asking for one.

Normally a plaint does not require to be supported by an affidavit but if the plaintiff is asking for an interim injunction then he must file an affidavit and as much documentary material as possible in support of his case. Applications for interim injunctions are generally decided on the affidavits and documents before court without calling for oral evidence.

An injunction will not be issued without prior notice to the other party, but where the courts is satisfied that the object of granting the injunction would be defeated by delay, it may grant an ex-parte enjoining order valid for not more that 14 days.

Such enjoining order may be suspended if the court finds that it was obtained by suppression or misrepresentation of material facts. Furthermore, if the court finds that an enjoining order or interim injunction was applied for, on insufficient grounds, it may order the party who made the application to pay compensation to the party against whom the order was issued.

Development Legal Desk 9 - Migrant Workers’ Desk

Sri Lankan workers who migrate to the Middle East and other countries have become victims of various difficulties, both in Sri Lanka and overseas, due to lack of knowledge of the basic labour laws of their own country as well as the host country. The situation is compounded by the absence of accessible legal aid for these workers before departure and upon return.

Currently expatriate workers send over Rs. 2 billion as foreign exchange and it is the responsibility of the State and civil society to provide necessary legal protection to migrant workers, specially the females.

The Legal Aid Commission of Sri Lanka has considered the gravity and the urgency of the situation, and decided to set up a Migrant Workers’ Desk. The main objectives of this Desk is -

* Provide free legal aid assistance to migrant workers prior to departure, during their stay abroad and upon return;

* To brief the departing migrant about the legal conditions in the countries of destinations and what actions they could take in the case if violation of rights;

* To liaise with the Consular Division of the Ministry of Foreign Affairs and the Foreign Employment Bureau.

* To promote the rights under the 1990 UN Convention on Migrant Workers at the village level.

* Counseling, etc.

The Migrant Workers Desk is headed by T.M. Lilanthi Kumari, Attorney-at-Law who has conducted several awareness programmes relating to migrant workers in order to safeguard their safety, rights and interests.

The LAC is hoping to set up a Legal Aid Branch at the Sri Lanka Foreign Employment Bureau in order to assist the poor migrant workers more effectively and to avoid inordinate delays. Any problems relating to Migrant Workers could be referred to the following address:-

Migrant Workers Unit, Legal Aid Commission of Sri Lanka, 129, High Court Complex, Colombo 12. Tel. 2433618.

Awareness Programme on

Anti Corruption

The Colombo Regional Center of the Legal Aid Commission of Sri Lanka under the patronage of Ministry of Justice and Law Reforms conducted an Anti Corruption Workshop with the participation of 100 officers affiliated to Moratuwa Divisional Secretariat. Minister of State for Justice and Law Reforms Dilan Perera, participated in the occasion held on February 13 at the Divisional Secretariat in Moratuwa.

S.S. Wijeratne (Chairman, LAC), Lakshmi Jayawickrama (Deputy Director General CIABOC), A.K. Chandrakantha AAL (Civil Society Coordinator ARD), Poddala Jayanatha (Journalist, Lake House) made presentations on the subject.

Disclaimer

The answers to the questions are the legal views of the individual lawyers and the Departments and the Legal Aid Commission only compiles them for the Daily News Legal Aid Page.

Please send in your questions in brief to - The Chairman, Daily News Legal Aid Page, Legal Aid Commission, No. 129, High Court Complex, Hulftsdorp Street, Colombo 12, Email - [email protected]

“Human Rights and duties”
Prize winners of the Island-wide Essay competition

Sinhala Medium
S. No		Name					School					Place
1 		W.M.P. Niwanthika Wickramasinghe	Harangala Maha Vidyalaya,		1st Place
							Harangalagama, Nawalapitiya	
2		W.G.S. Damayanthi Kumari		Dehiattakandiya National School,	2nd Place
							Dehiattakandiya	
3		H.D. Subodhi				Thalawa Maha Vidyalaya, Navodya School,	3rd Place
							Kariyamaditta	
4		G.R. Bhagya Amali Gamlath		St. Joseph Maha Vidyalaya		Consolation Prize
5		E.K. Deepika Madushani			Dabaralla Maha Vidyalaya, Dabaralla	Consolation Prize
6		K.D.S. Priyadarshani			Rajagalthanna Maha Vidyalaya		Consolation Prize
7		D.K. Dissanayaka			Sri Sangamitta Balka Maha Vidyalaya,	Consolation Prize
							Matale	
8		H.M.N. Madushanka			Ussagalthissa Maha Vidyalaya, Galgamuwa	Consolation Prize
10		K.T.I. Jayaweera			Kuruvita Madya Maha Vidyalaya, Kuruvita	Consolation Prize
11		S.H. Rajapakshe				Sangamittha Maha Vidyalaya,		Consolation Prize
			Heiyanthuduwa	
12		R.S. Shanthi Rajapakshe			St. Joseph’s Girls School, Kegalle	Consolation Prize
13		E.M. Chathuranga Ekanayake		Galagedara Madya Maha Vidyalaya,	Consolation Prize
							Galagedara	

Tamil Medium

S. No		Name					School					Place
1		Puwaneswarna Pawithra			Bt/St. Michael’s S.S. Batticaloa	1st Place
2		M.F. Fathina Fasriya			K/Enasalgolla Central College, Deltota	2nd Place
3		Rasalingam Ramya			Bt/Hindu College, Valachchenai		3rd Place
4		M.K.F. Fawasa				Mw/Zahira M.M.V. Mawanella		Consolation Prize
5		V. Thangavel				J/Vadmarachchy Hindu Girls’ College,	Consolation Prize
							Point Pedro	
6		S. Kavishangar				Jaffna Central College, Jaffna		Consolation Prize
7		S. Purusothamakuru			Vadamarachchy Hindu Girls’ College,	Consolation Prize
							Jaffna	
8		C.M. Riswan				Vipulanath College, Vavuniya		Consolation Prize
9		A. Selvarajah				Vembadi Girls’ High School,		Consolation Prize
							Urumprai East, Jaffna	
10		N.N.A. Kumar				Kinniya Muslim Girls’ M.V. Kinniya	Consolation Prize
11		S.H.U. Sabira				Udapitiya Al Husna Muslim M.V.		Consolation Prize
							Deltota	
12		L.S. Dilani				Passara Tamil M.V. Passara		Consolation Prize
13		W. Thawarasa				Vipulanantha College, Vavuniya		Consolation Prize

English Medium

S. No		Name					School					Place
1		Himeshi Praveeni de Silva		Visakha Vidyalaya, Colombo		1st Place
2		Sumedha Kelegama			Trinity College, Kandy			2nd Place
3		F. Rizka Ruwaiz				AQL International Girl’s School		3rd Place
4		Nipunika Oshadie Lecamwasam		K/Good Shepherd Convent, Kandy		Consolation Prize
5		Anjali Udara Caldera			Visakha Vidyalaya, 133, Vajira Rd,	Consolation Prize
							Colombo 04	
6		Mufeena Saheer				St. Mary’s College (N.S.),		Consolation Prize
							Dockyard Rd., Trincomalee	
7		W.S.A.A. Yasith Udara			Mini/Nalanda Central College,		Consolation Prize
							Minuwangoda	
8		N. Steephen Nishanth			St. Anthony’s Boys M.V., Hill Street,	Consolation Prize
							Colombo 13	
9		Thamara Suharsha de Silva		Ananda College, Colombo 10		Consolation Prize
10		D.M. Yashodha Nilminee Dassanayake	Narammala Mayurapada Central College,	Consolation Prize
							Narammala	
11		Vimalaharan Kavinya			B/t Vincent Girl’s M/.S.		Consolation Prize
							(National School), Batticaloa	
12		Mohamed Nasir Fathima Naziya		WP/GM/Kumarimulla Muslim M.V.,		Consolation Prize
							Pugoda	
13		Gangi Ramesha Samarawickrama		WP/GM/St. Anne’s Balika Maha Vidyalaya	Consolation Prize