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Forty six per cent of our population cannot afford to pay lawyers fees and forfeit their rights to the wealthy and the powerful. Some persons not only cannot afford the legal expenses but are so poor that they cannot even afford to find the bus fare to travel to court houses which are normally located in urban centers.
Secondly, the poor who has not even a modicum of legal awareness and are vulnerable to the wealthier people in their environment who uses litigation as an instrument of legal oppression and illegal acquisition.
In the circumstances, it is essential to establish free legal aid centers to help the poor litigants to obtain a pleader paid by the Legal Aid Commission. This is the primary function of LAC Centers where the Directors of Legal Officers coordinate with the local Bar Association to provide lawyers to the poor but paid by the LAC.
Each of the 34 Legal Aid Centers has panels of legal aid lawyers and the cases are distributed among them in rotation. In keeping with the professional obligation of lawyers to provide some legal aid, even some senior lawyers serve in these panels to fulfil their professional ethics.
The second responsibility of the LAC Centers is to play the role of legal information centers. Legal awareness levels among the poor in this country are dismal. The LAC has for several years pleaded with the Educational Authorities to introduce basic law as a subject in the school curriculum. There is no better way to correct this fundamental gap in our education.
LAC Centers with the help of the Local Bars conduct legal awareness programmes in villages and in schools and also distribute pamphlets on different legal subjects that affect the communal life.
The public days of Divisional Secretaries provide the opportunity for LAC Legal Officers to arrange legal aid desks in Divisional Secretariat Officers for the benefit of the public.
Thirdly Legal Aid Centers are one stop multi purpose legal advice providers. All law related disputes do not end up in courts. The issues relating to obtaining of official documents or steps needed for obtaining legal documents such as birth or death certificates are also assisted by the centers. This is an essential documentary service to benefit the poor.
The legal aid centers also provide legal assistance for the protection of victims of crime. We are still awaiting a comprehensive law based on the 1985 UN Convention to protect victims and witnesses in Sri Lanka.
Apart from the denial of the human rights and human dignity. Some 52,000 victims of crime annually, the essential legal need to have legal representation to the victims of crime or aggrieved parties are met by the Legal Aid Centers.
The multi-purpose legal aid centers also function as a sentinel of corruption and conduct awareness programmes against corruption. The Centers also provide advice to victims of corruption.
Finally LAC Centers promote dispute mediation training as an alternative to litigation. This is a primary part of legal aid. Negotiated win-win settlement is the best form of dispute resolution.
LAC and Alternative Dispute Resolution Institute (ADRI) are presently engaged in mediation training of 14,000 Grama Niladharies islandwide with excellent results. The Legal Aid Centers also function as focal points for supporting mediation training.
Developmental Legal Desk 6:
Consumer Protection Desk
Consumer protection activities have now emerged as a major public services component in society. With the enactment of the Consumer Affairs Law No. 9 of 2003 and the appointment of the Consumer Affairs Authority, the general awareness of the consumer rights has become important for the benefit of the general public.
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The UN principles on consumer protection form the basis of the consumer law in Sri Lanka whereby not only the consumers but also the integrity of manufacturers, traders and service providers are also protected.
The Consumer Protection Desk of the Legal Aid Commission liaises closely with the Consumer Affairs Authority and conducts awareness programmes through the 34 Legal Aid Centers islandwide. The target groups for the awareness programmes are 6,500 Elders' Societies, 14,200 Grama Niladharies and 100 Law Circles in schools in different provinces.
The Head of the Consumer Protection Desk is Lasanthi Palapathwela,
Attorney-at-Law who coordinates with the Consumer Affairs Authority and
conducts awareness programmes. She is also responsible for advising
consumers who are victimised by traders in violation of the Consumer
Affairs Law and seek redress from the Authority.
Questions and Answers
Loss of Original power of attorney
Question: My son and daughter have given me the power of attorney in respect of their properties. I have now lost the original power of attorney given to me. However, I have a copy of the same. The power of attorney was registered in the Colombo Land Registry.
Please advice me through your Daily News Legal Aid Page whether I could obtain the power of attorney.
Answer: You cannot obtain the original power of attorney again. The procedure is after signing the power of attorney, the original is given to the respective parties and the relevant Land Registry may keep the copy of the said power of attorney.
In order to get a certified copy of the power of attorney, you have to write a letter to the relevant Land Registry explaining your reasons. If you have a photocopy of the said document you have to attach the same and apply for a certified copy of the power of attorney together with stamps to the value of Rs. 111 (100x 10 x 1). The relevant Land Registry will thereafter issue you with a certified copy of the power of attorney.
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Victims of crime can seek relief from NCVC and LAC
Question: I know of a poor family whose daughter had been hired as a domestic servant. This servant girl has been raped by the master of the house who is a rich man. This poor family is not aware of the law. Is there any institutions who can assist this poor family to obtain relief or compensation.
Answer: She can seek legal relief from the Legal Aid Commission, Head Office in Colombo or from the 34 Legal Aid Centers islandwide. There is an Institution called the 'National Center for Victims of Crime' (NCVC), the details of which are given below:
The Director,
National Center for Victims of Crime, No. 211, Supreme Courts Complex,
Colombo 12.
Tel. No. 2391777/2438909
Email:victim@slt.lk
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Pension Rights of those who have obtained 'Releases' from Armed Forces.
Question: Although all appointments to the three Armed Forces are pensionable, some who wish to leave after serving 12 years or more are granted 'Releases' with no benefits for the services done.
Can such personnel claim their pensions for the 12 years or more service rendered, on reaching their 55th birthday?
I am aware other public servants, who had resigned after serving 10 to 15 years service, claiming their pensions on reaching their 55th birthday? Can you please clarify and let me know if possible what documents I should produce or submit to the Director of Pensions?
Answer: The three Armed Forces mentioned by you are entitled to pension.
But they have to complete the retirement age in order to be entitled to their pension rights. However, the officers of the three Armed Forces will be entitled to their pension after completing 20 years of service. Others (who is not an officer) but working in the Armed Forces have to complete 22 years of service.
According to your question you have left the service after completing 12 years. So you are only entitled to your gratuity and you are not legally entitled to your pension.
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Entitlement of pension rights while serving as member of private staff of a Minister
Question: Please answer the following questions through your Daily News Legal Aid Page.
I am a retired public servant drawing a pension which is my earned right.
I am being offered a job to serve as a member of the private staff of a Minister.
If I accept the job, will I be able to draw the salary together with my pension?
After all I will be working hard to earn that salary.
Should I get approval from any authority like the Director of Pensions/Secretary/Public Admin.
Please advise me early.
Answer: If you are working as a member of the private staff of a Minister for a period of five years, you can add that period of service to the previous service. At the time of retirement both periods of service and the salary can be added to compute the pension.
You have to submit the revisional application via the Minister to the Pensions Department. If you need further clarification in this regard, you may contact the Director of Pensions on Tel. No. 2431647.
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Where to make complaints regarding sexual harassment in work places?
Question: I am living in Anuradhapura. Most of the girls residing in my area are working late hours in the places of employment. Most of them are also subject to sexual harassment in their work places. I understand that we can complain about such incidents to the Labour Department.
Is there any regional office in Anuradhapura to make such complaints? If so, please give the necessary details through your Daily News Legal Aid Page.
Answer: Regarding sexual harassment in work places, you can make a complaint either to the police or to the Labour Department. There is a regional office in Anuradhapura. The address is given below:
The Labour Office, Bandaranayake Mawatha, Anuradhapura, Tel. No. 025 2222495, 025 4581334, 025 2223134.
Our Legal Aid Commission has set up a Women's Desk and we have already forwarded your question to the relevant Desk. If you need further clarification you can meet Mr. Mahadiulwewa, AAL/Coordinator of the Legal Aid Center, Anuradhapura. Tel. No. 025 2224465.
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Mother missing in Kuwait - How can I trace her whereabouts?
Question: My mother went to Kuwait for employment as a Migrant worker after registering with the Foreign Employment Bureau in 1996. After two years we did not get any information about her as at date.
I have already made a complaint to the relevant authorities. I produced a photocopy of my mother's passport to the authority and the relevant documents. They informed me to submit her new passport details.
Since there is no communication between my mother and ourselves, can I get my mother's passport details from the Dept. of Immigration and Emigration? Also can my mother herself renew her passport in Kuwait.
Answer: We had already forwarded your letter to the Migrant Workers Unit, Legal Aid Commission. If you wish to get any information regarding your mother please call over at our office and meet our Legal Officer, Ms. Lilanthi Kumari, Attorney-at-Law who is in charge of this Desk.
Regarding your mother's passport, you have to submit a letter to the Dept. of Immigration and Emigration (1st Floor) explaining the reasons.
You have to attach a photocopy of your mother's previous passport with the relevant documents to prove that you are her son (Birth Certificate).
If you need further information you can call Hot Line No. 0115 329000.
Anyway your mother can renew her passport in Kuwait via the Sri Lankan Embassy without coming to Sri Lanka.
In that event, all information is sent to the Immigration and Emigration Department.
We feel such information will help you find out the whereabouts of your mother. Anyway we have forwarded your problem to the relevant authorities.
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Rates of Withholding Tax
Question: Please be good enough to let me know the current rate of withholding tax at source from interest?
Answer: Deduction of with holding tax at source from interest
1. The rate of tax is 10%
2. The deduction is not applicable to the following interest:
(i) If the aggregate amount of interest of an individual from a branch
- for a month does not exceed Rs. 1,000/-
- for an year of assessment does not exceed Rs. 12,000/- or
(ii) If an individual makes a declaration in writing to the Bank, that the aggregate amount of his interest does not exceed.
- Rs. 9,000/- for a month
- Rs. 108,000/- for an year.
Interest on any deposit from which withholding tax at 10% deducted, does not form part of assessable income and such WHT cannot be set off against any tax payable.
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Information regarding Bribery and Corruption
Question: I am working in a Government Department. Most of the workers depend on bribery and corruption. Is there any place to get advice regarding bribery and corruption? Keen reader of the Daily News Legal Aid Page
Answer: The Legal Aid Commission has set up an Anti-Corruption Desk. If you need any information regarding bribery and corruption you may contact us on Tel. No. 5646550 or call over at our Desk at No. 211, High Court Complex, Hulftsdorp Street, Colombo 12.
Legal Aid Commission centers in Sri Lanka
1. LAC Head Office- 2433618, 5335281
2. Tsunami Regional Centre- 034-5628860
3. Welikada Prison-011-5335329
4. Bandarawela- 057 2224733/057-5621048
5. Matale- 060-2664588/071-4447151
6. Avissawella-060-2362219
7. Ratnapura-045-2226899
8. Negombo-031-2222221
9. Kalutara-091-5624693
10. Gampaha-033-5677998
11. Polonnaruwa-027-2222293
12. Anuradhapura-025-2224465
13. Kandy-081-2388978
14. Kurunegala-037-2229641
15. Galle-091-2226124
16. Hambantota-047-2221092
17. Nuwaraeliya-052-2235260
18. Moneragala-055-2276191
19. Ampara-063-2223496
20. Kegalle-035-2231790
21. Chilaw-032-5672457
22. Akkaraipattu-067-5676542/067-5676533
23. Balapitiya-091-2255753
24. Matara-041-2233815
25. Vavuniya-024-2221899
26. Trincomalee-026-2222293/026-5676023
27. Kalmunai-067-2223710
28. Jaffna-060-2212671/0777-735910
29. Batticaloa-065-2226359
30. Panadura-038-5677100
31. Kuliyapitiya-060-2876323
32. Mahiyanganaya-055-2258332
33. Mahawa-037-2275075
34. Horana-...........
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