LEGAL AID COMMISSION

Separation of Powers

The theory of Separation of Powers is founded on the belief that no single person or institution should have the sole authority to carry out or interpret the law and that power cannot be absolute or undivided. The concept of Separation of powers though initially formed for the administration of a country is in practicality exercised at various levels of society. For example let’s take the game of cricket. The ICC makes laws based upon which the players play the game. During the game umpires are placed in the field to scrutinize as to whether these rules are followed by the players.

The ICC is the law maker, the players the executors of the game and the umpire becomes the judge to see that the game is properly played within the framework of the rules. Similarly a State is ruled based on three powers –The Legislature (Law maker), Executive (the implementer of the Law) and the Judiciary (the guardian of due process laid down by the law). This theory was first made popular by Montesquieu, a French social commentator and political thinker in his work ‘The Spirit of Laws’ which was published in 1978. During that time the French monarch exercised control over all three powers of the state. The statement by Louis XIV that ‘I am the state’ outlined the character and nature of monarchial authority. Montesquieu developed this theory to safeguard the political liberty of the people within a State. . He believed that the application of this theory would prevent one body taking control over the State powers which eventually will spell danger to Political Liberty.

According to him every man entrusted with some power is bound to misuse it. When the executive and the legislative powers are given to the same person there can be no liberty. His theory states that if all powers of a state are concentrated in one person this would result in tyranny. He argued that the three organs of government should be so organized that each should be entrusted to different persons and each should perform distinct functions within the sphere of power assigned to it.

However it is widely accepted that this theory was first seen in practice in the Roman Republic where the Roman constitution had three main powers, the monarchy (in the form of its yearly elected executives, the consuls), aristocracy (as represented by the Senate), and democracy (in the form of the popular assemblies, such as the Comitia Centuriata).

This theory acquired greater significance in the eighteenth century. John Locke was one of the eighteenth century philosophers to pay greater attention to the problems of concentration of governmental power. He argued that the executive and legislative powers should be separate for the sake of liberty. Liberty suffers when the same human being makes the law and executes them.

However it is not possible to have a complete and an absolute separation of powers and even Montesquieu did not perceive such a rigid distinction of powers

The Legislature is the power which formulates the rules or laws according to which a country is ruled. In Sri Lanka it is the parliament. In America it is the Congress consisting of the Senate and the House of Representatives. The Executive sees to the day-to-day running of a country. In Sri Lanka this power is vested with the President, Cabinet of Ministers and the Public Service. In India and Britain the executive would be lead by the Prime Minister. The third and the most significant power is the judicial power. This power has been placed to adjudge over whether the laws laid down by the legislature has been followed and on violation make orders to penalize the offender.

Article 4 of the Sri Lankan Constitution States that the Legislative power will be exercised by Parliament and the people at Referendums, The Executive power by the President and the judicial power by Parliament through Courts, Tribunals and other institutions created by law. Judicial power could also be exercised directly by Parliament when it comes to the powers immunities and privileges of parliament and its members.

Swasthika Arulingam AAL, Project Manager, Program Support Unit, Legal Aid Commission

VACANCY

A vacancy exists for a Programme Officer at the Programme Support Unit of the Legal Aid Commission, Applicants should be;

- Attorneys-at-Law/Apprentices. Willing to be based in Colombo and travel extensively to the Eastern Province.

- Willing to undergo a 6 months training period in Mullaitevu. -Having Previous Project Management / Programme Support experience will be considered as an added advantage.

- Proficient in written and spoken English. -Very fluent in spoken Tamil.

The suitable candidate will be compensated with attractive remuneration. Candidates are invited to submit their complete CV including contact details and references on or before December 29th 2012.

Only shortlisted applicants will be called for the interview.

Mailing Address: Programme Support Unit, Legal Aid Commission, 211, Superior Court Complex, Hulftsdorp Street, Colombo – 12.

Contact No: 011-2391777, 0777855105 (Swasthika). Email: [email protected]

[Questions and Answers]

Issuing duplicates of results sheets for local use

Question: Please let me know how do I get the duplicates of results sheets for local use?

- Samaratunga,
Mahara

Answer:

1. Duplicates of results sheets of G.C.E (Ord. Level) and G.C.E. (Adv. Level) will be issued to private candidates only by Department of Examinations.

2. The Department of Examinations will not issue results sheets of such examinations to school students and they should obtain their certificates, from the respective schools for local use.

3. A fee of Rs. 100 will be charged for issuing copies of a results sheet of each sitting of any examination.

4. Payments in this respect should be made to the shroff of the Department of Examinations by means of pay in voucher, or by money orders obtained in favour of the Commissioner General of Examinations only.

5. Application for obtaining copies of these results sheets should be made on form CT 06.

6. Candidates who do not know their index number should forward duly perfected form CT 4 together with their applications . For this purpose an additional amount of Rs. 100 will be charged.

7. If the original receipt in support of payment of money is not forwarded, the application may be rejected.

8. Procedure of issuing duplicates of results sheets for local use will take place under the following steps.

Step 1: Applicant to inform the certificates branch his need to obtain the duplicates.

Step 2: Applicant to obtain form C.T.16 from the Certificate Branch and to fill it.

Step 3: Applicant to pay the prescribed fee to the Post Office and obtain a money order or a receipt from the shroff in the Department of Examination in support of the payment

Step 4: Applicant to annex such money order or receipt to the form C.T.16 and to send it to the Department of Examinations.

Step 5: Processing the application and preparation of duplicates by the Department of Examinations

Step 6: Handing over of certificates personally or posting it to the address furnished by applicant.

The address is follows;

Department of Examinations P.O. Box 1503,Colombo, Sri Lanka. Telephone: +94-11-2786200, 2784203/4Fax : +94 - 112785220 Email : [email protected]

Obtaining a License

Question: Please let me know how do I obtain a foreign employment agency license ?

- Nagoda,
Nadigamuwa

Answer: To obtain a foreign employment agency license, you should have an office which;

• Is situated in an easily accessible place where public transport is available

• Have a floor area of at least 500 square feet

• Have telephones with IDD facilities, fax, computers, databases, type writers, photocopiers, trade testing facilitie. You can then apply for the license by submitting the following documents:

• Business Registration Certificate or certified copy of Form 48 and Articles and Memorandums (If registered under the companies act)

• Layout plan of the office and the lease agreement or deed of the premises

• Affidavits regarding citizenship of the partners of the business / company

• Two recent testimonials in support of the character and reputability of the person who is in charge of the foreign employment agency.

One of these should be from the local Gramasevaka Niladhari of the area where he resides confirming that the person who is applying for the licence has been living in that area

• A bank guarantee of a commercial bank issued on behalf of you or your agency

• You should also furnish the following documents of yourself and the other partners or Directors of the agency:- Birth Certificate(s)- Personal bio-data(s)- Photocopies of their National Identity Card(s) or Passport Police clearance reports from the nearest police station passport sized photograph of the officer in charge of the agency-After the above documents have been submitted, a team from the SLBFE would visit and inspect the premises and check the authenticity of the documents before granting them the approval for the license.

The license which you have obtained would be valid only for a period of one year from the date of issue.

Job Agreements

Question: My servant has decided to go Middle East country. What should she need to know about Job Agreements?

- Gangani,
Ja-ela

Answer: The Sri Lanka Bureau of Foreign Employment (SLBFE) requests all those leaving for overseas jobs to sign a Job Agreement in order to get registered with the Bureau prior to your departure.

If you are a Male worker, domestic worker for non Middle Eastern countries or a skilled female worker you should sign an agreement with the local recruitment agent. Domestic workers leaving to Middle Eastern countries must sign an agreement at the Embassy of that particular country.

The following signatures and endorsements should be available on the agreement. If recruitment is done by an agent:

1. Signature of employer, 2. Signature of foreign agent, 3. Signature of the Embassy / Consulate official, 4. Signature of local agent

5. Signature of housemaid

If you are going abroad through a visa sent by a friend or a relative: 1. Signature of the employer, 2. Signature of Embassy / Consulate official, 3. Signature of house maid

You can use the following guidelines in the agreement: 1. Wages, 2. Salary deductions, 3. Rest days, 4. Annual and casual leave, 5. Medical benefits, 6. Duties, 7. Welfare, 8. Termination of contract, 9. Dispute settlement, 10. Transfer of employment, 11. Repatriation and 12. Airfare cost

TRCSL

Question: How do I make consumer complaints to the Telecommunications Regulatory Commission of Sri Lanka (TRCSL) ?

Dammika,
Colombo

Answer: As with all complaints involving telecommunications services, you should approach your telephone operator first. You should also ensure that you been through all the complaints process at your telephone operator.

Before making a complaint.

Study your complaint carefully and be clear about it.

Try to have all the documents relevant to the complaint ready.

Make the complaint to your service provider. Try to make the complaint always in writing attaching relevant documents. (If you make the complaint over the phone it is better if you could follow it with a letter.)

Make sure you give all the details needed to process your complaint E.g. Your telephone No, Address copies of the necessary documents. Give the description of your complaint briefly and precisely. After making the complaint, keep all the records of your complaint made. (If you made the complaint over the phone the name of the person/s you spoke to, the date. And the answer/s received etc.) Give your service provider a reasonable time frame to process the complaint. (Depending on the complaint.) Follow up with them over the phone if possible.

If you have not received a response or a reasonable solution to your complaint you may appeal to higher authorities/committees formed by the service provider to solve complaints.

If you still feel if your complaint has not been treated in a reasonable manner or to your satisfaction, you can make the complaint to the TRCSL for further examination.The Address is as follows: No. 276, Elvitigala Mawatha, Telephone No. 94 112 689345.

http://www.trc.gov.lk