‘SLC term over’ – AG
The Attorney General’s (AG’s) Department has recommended that Sri Lanka Cricket (SLC) be placed under a new management committee until its election of office bearers in on May 20 this year as the current committee’s term expired on February 20, 2021.
The AG’s Department has found that the present committee indeed had no legal ground to continue as its term had lapsed on February 20, 2021 - Pic by M.A. Pushpakumara
The advice comes three weeks after the Sports Ministry sought legal advice from the AG when Colts Cricket Club challenged the legality of the current committee headed by Shammi Silva. As its two-year term had ended, the petitioning club President Nishantha Ranatunga and Secretary Maj. Gen. Shiran Abeysekera asked the Minister to appoint a caretaker for administration of the multi-million dollar sport until after the poll.
SLC held its last election on February 21, 2019. Quoting the SLC constitution, which states that the “Office Bearers shall hold office for a period not exceeding two (2) years”, the petitioners state that the current office-bearers are not legally entitled to hold office or exercise the powers of the office anymore as their two-year term had lapsed.
“…and the said Office Bearers continuing to hold office and exercise the powers of the office are blatantly ultra vires, wrongful illegal, unlawful and has no avail in law,” they continue.
After careful consideration of the matter, the AG’s Department has found that the present committee indeed had no legal ground to continue as its term had lapsed in February 20.
But SLC contests this. It says that, even though the SLC constitution allows only a two-year term, the Sports Law and subsequent regulations allow them to continue for a four-year period.
The ball is now in the Minister’s court to appoint a new committee for the day-to-day affairs of SLC till the election. Legal experts say under section 33 of the Sports Law No 25 of 1973 he could set up an “interim” administration which could even be the current one.
The AG’s advice means that all functions and the decisions taken by SLC including the appointment of Tom Moody as its Cricket Director could be deemed illegal, legal experts say.
Under similar circumstances, SLC was put under a Competent Authority in 2018 by then Minister of Sports Faiszer Musthapha.