Looking beyond the doom and gloom of the COVID-19 pandemic through a progressive piece of legislation – Coronavirus Disease 2019 (COVID -19) (Temporary Provisions) Act No. 17 of 2021

The legal system of Sri Lanka, like any other, has been profoundly affected by the COVID-19 pandemic. As a result of island wide lockdowns and interprovincial travel restrictions imposed from time to time and the consequent closure of courts, registries etc., the ordinary functioning of courts have been severely affected.

All industries and sectors have endeavored to adapt to change with agility, and under a ‘new normal’ moved away from traditional ways of working. The Coronavirus Disease 2019 (COVID -19) (Temporary Provisions) Act No. 17 of 2021 enacted by the Legislature of Sri Lanka earlier this month, is one such pivotal adaptation to re-stabilize the legal system of Sri Lanka.

“Temporary Provisions” connotes that the Act is only in operation for a limited period of time. The Act specifies it to be in operation for a period of two years commencing from 01st March 2020. However, the subject Minister is empowered to extend the operation of the Act, if the necessity so arises, for a maximum of another two years. Broadly, the Act introduces three main changes to the legal system of Sri Lanka;

  1. Allowing parties to institute action, file any application or perform any act notwithstanding the lapse of the time period prescribed by law, if such party was prevented from complying with such prescribed timelines due a COVID-19 circumstance.
  2. Designating alternative Courts where a Court cannot function due to a COVID-19 circumstance.
  3. The conduct of Court proceedings remotely, by the use of communication technology, where ordinary proceedings cannot be held due to a COVID-19 circumstance.

The Act defines a “COVID-19 circumstance”, broadly, to include COVID – 19 or any other circumstance arising out of or consequential to the circumstances of COVID-19. The Supreme Court of Sri Lanka, when determining the constitutionality of the Coronavirus Disease 2019 (Covid-19) (Temporary Provisions) Bill, held that the term “COVID-19” means the Coronavirus Disease 2019 declared as a quarantinable disease under the Quarantine and Prevention of Diseases Ordinance. There is no further guidance as to what would amount to “any other circumstance”.

Different aspects and limitations brought about by this Act are set out, albeit in brief, in the table below.

The Act also allows parties to use any guidelines, directions, circulars, notices or decisions issued by the Government in relation to any COVID – 19 circumstance as prima facie evidence in any action, application, appeal or other legal proceedings instituted or made under the Act, without any further proof.

The implementation of the Act, with the spirit in which it was brought into fruition, would no doubt contribute to expedite and improve the efficiency and efficacy of the legal system in Sri Lanka, and is expected to be the long-awaited ‘trigger’ that gives birth to a digital Court environment which recognizes electronic filings and virtual hearings.

Authors

Kasuni Jayaweera
Junior Counsel