NOCSL conundrum continues
Could violation of the law be interpreted as interference.
The National Olympic Committee of Sri Lanka is governed by the dual jurisdiction of the Olympic Charter and Sri Lanka’s Sports Law, senior legal experts said this week, contradicting the position taken by NOCSL Secretary-General Maxwell de Silva.
The incumbent NOCSL General Secretary maintains that the domestic body does not fall under the purview of the Sports Law but the Olympic Charter which contains the governing principles of the Olympic movement. This was conclusively dismissed by legal experts.
De Silva was recently elected Assistant Treasurer of the Judo Association while NOC treasurer Gamini Jayasinghe was made Vice President of the Handball Federation. NOC President Hemasiri Fernando is the President of Triathlon Sri Lanka—a sports body with no government registration.
“The laws are very clear,” a senior legal source familiar with the subject said. “Section 21 of the Sports (Amendment) Act, No 47 of 1993 requires the National Olympic Committee of Sri Lanka and every National Sports Association to have their accounts audited annually by the Auditor General. The NOC has clearly violated this by not auditing their accounts annually.”
“Besides, the Olympic Charter also says that member associations should present their annual reports and audited financial statements to its membership at an annual General Assembly,” he said. “By not adhering to this, they have violated the Olympic Charter as well.”
The bylaw to rule 27-28 of the Olympic Charter section 1.4 states: “Each NOC shall hold a General Assembly of its members at least once a year, in accordance with the NOC’s statutes. NOCs shall, in particular, include on the agenda of their General Assemblies the presentation of annual reports and audited financial statements and, as the case may be, the election of officers and members of the executive body”.
The NOCSL last held their Elective Annual General Meeting in 2009. Fresh polls were due in July 2013 but were postponed after the IOC ruled that the regulations introduced by the Ministry of Sports back then were intrusive and did not create the environment for an impartial election.
In November 2017, the NOC held its first General Assembly since 2012 and will conduct its first Elective AGM since 2009 on February 23, 2018.
The Sunday Times also contacted attorney Panduka Keerthinanda who was behind the drafting of the Sports Regulations No 1 of 2013.
“If you take most of our Sports Associations, including the Olympic Committee, they are largely funded by the Sports Ministry except Sri Lanka Cricket which can stand on its own feet financially,” he said. “These funds are approved by parliament and the Sports Ministry which are, in turn, accountable to the public. This is why these funds are required to be audited by the government auditors.”
Keerthinanda was also a part of Sports Ministry team that took part in several rounds of negotiations with IOC on Sri Lanka’s Sports Law.
“So if an association or a committee has not audited their annual accounts, that amounts to a violation of the national law,” he said. The line minister, in this instance the Sports Minister, has the legal right to take action. If someone says the NOC doesn’t come under the Sports Law, it’s a total lie. If it doesn’t, why is it called the ‘National Olympic Committee of Sri Lanka’? Why do they use the national flag and the emblem?”
“For instance, Sri Lanka Cricket doesn’t get funding through the Ministry of Sports,” he continued. “But, by law, it is required to be audited by the government auditors. So the argument that the NOC is funded by its parent body except in the case of sending athletes to international sports events and so does not require annual auditing by the Auditor General’s Department is incorrect.”
However, it’s not clear how IOC would interpret the situation. They have been working closely with NOCSL and the Ministry of Sports to make Sri Lankan laws compatible with the Olympic Charter. IOC tolerates no government interference in the affairs of the Olympic movement.
Audit Reports received
Meanwhile, the Secretary-General has called for an office bearers’ meeting for the first time since 2013 to discuss and adopt the Auditor General’s reports and audited accounts in two segments. The first meeting, which will be held on January 18th, will see the adoption of accounts from 2009 to 2012 while another meeting has been called for January 25 to adopt the accounts from 2013 to 2016.
This begs the question as to why the NOCSL failed to adopt its accounts for the period from 2009 to 2012 when the full executive committee was in control, a clear indication of a complete disregard for the Sports Law and the governing principles of Olympic Charter of transparency and accountability.
The full complement of the office bearers was never convened since 2013 and operations were carried by the president, secretary general and treasurer despite clear instructions from the IOC to run affairs with existing office-bearers until the revision of the NOC constitution. An IOC statement issued on November 27, 2013, stated that revision of the constitution should be completed within six months but it took more than four years to complete the process. After much deliberation, it was adopted at a Special General Assembly held last week (Jan. 4). The Sunday Times understands that the January 4th SGM was disrupted with well-orchestrated shouting and interventions, with new entrants who only have observer status being allowed to speak.
| Minister calls for explanation on Audit delays | |
| Sports Ministry has called for explanations from the National Olympic Committee of Sri Lanka for the long-delay in submitting their accounts for auditing. By law, NOCSL must get their accounts audited by the government auditors at the end of each financial year which has been repeatedly ignored by them. “We have written to them asking for explanation,” Minister Dayasiri Jayasekera said. “There had been a very long delay in getting their accounts audited and we want to know the reasons for these delays. The NOCSL had only sent their financial statements for four years (2013, 2014, 2015 and 2016) to Auditor General’s Department (AG’s) in August and September last year and that, too, without tabling them at an Executive Committee meeting. According to the Law, the president, secretary and treasurer are barred from contesting future elections if they have failed to submit their audited financial accounts on time. |