Ahmed Nazim, deputy speaker of Parliament and prominent politician from the main ruling People’s National Congress (PNC), says he plans on submitting amendments to address loopholes in the Civil Procedure Act enacted in 2021, adding that the existing laws have made dodging debt “fashionable”.
In an appearance on Sun’s ‘Editaruge Suvaalu’ program, Nazim, who represents the Dhiggaru constituency, said that the judiciary of the country is in a poor state.
Nazim said that statistics show there are some 5,000 cases piled up at the Civil Court, which has 17 judges. He said that many of the cases involving bankruptcy and debt.
“Before the Civil Procedure Code was introduced, authorities could suspend the passport of people who refuse to settle their debts. They could be detained. There’s a way to recover [the money]. Everything is easy now. It has become fashionable,” he said.
Nazim said that a single Civil Court judge has as many as 500 cases assigned to them.
Nazim said that before the introduction of the Civil Procedure Code, the law accommodated the parties involved to reach out-of-court settlements. He said that 30 percent of disputes used to be resolved through this method.
Nazim said that the Civil Procedure Code has closed the door to this opportunity.
“Things haven’t gotten better has it? It has gotten worse,” he said.
“We have identified these issues. The JSC [Judicial Service Commission] has also held discussions with judges to identify challenges. Discussions have also been held with the Bar Council. The amendments – in accordance with these recommendations – are in the hands of the Attorney General now.”
Nazim said the amendments will be submitted once the Parliament reopens on February 6.
Nazim said that the Parliament has been working on their end to resolve such issues.
“I believe the issues in the judiciary will be resolved this year and it can begin to properly function. The Criminal Court cases can be cleared. The cases piled up in the Civil Court can be cleared. We can only do so much,” he said.
Nazim also highlighted on the shortage of space at the Criminal Court.
“The Criminal Court has been saying they do not have enough courtrooms to hold hearings. No solution was found to this during the previous administration either. They prepared drawings. It has been months since everything regarding a court complex was finalized,” he said.
Nazim said that he will engage in efforts to do whatever can be done through the Parliament to expedite work on a new Criminal Court complex.
“So, does the judiciary actually have a leadership? Is there no one to get things done for them? Or are they an orphan among the three powers of the state? We need to ask this question now,” he said.
The pileup of cases at courts is a longstanding issue facing the judiciary, with the issue blamed mainly on a shortage of staff and resources as well as space constraints.