Drama as SLR chief gets reinstated
The directive issued by the Minister of Sports, Roshan Ranasinghe, on recommending Sri Lanka Rugby (SLR) President Rizly Illyas to be removed from his elected position, has been reversed at least for another six weeks, after the initial hearing at the Court of Appeal.
Illyas, challenging the directive issued by the Minister of Sports, through a letter dated December 8, 2022, has questioned the minister’s ‘authority to issue such a letter’ and pointed out that in his petition that it goes beyond the provisions of the Sports Act.
Rizly Illyas' ban by the Sports Ministry stayed only for a week, and it stands again on the hang next January 27
“This is clearly an act of sabotage by certain former officials of SLR. They were in power, and they completed their tenures with unimpressive records, yet they influence other sectors to harm Sri Lanka’s rugby with malice on an individual. It’s both surprising and questionable the manner ARFU (Asian Rugby Football Union) is handling the matter,” Illyas told the Sunday Times.
The drama unfolded last week, after a letter of recommendation signed duly by the Minister of Sports, bearing the reference MOYS/LAW/01/282, stating Ilyas’ eligibility to hold office at SLR as questionable after ARFU issued a suspension order on June 22, 2022. It outlined of clauses S31 and S41 of the Sports Act of 1973 No.25, the Special Gazette Notification Order No. 1990/23 issued by the Sports Minister on October 27, 2016, and its contents of Phase II of the Constitutions of National Sports Associations No.5 (4) where an individual cannot hold office or contest an election while serving a suspension by a national sports governing body or a competent authority or an affiliation of the governing body until two years from the date of the commencement of the suspension.
But to the surprise of the Ministry of Sports hierarchy, the very same clause was challenged by Illyas’ legal team headed by PC Faiz Musthafa, who argued that the Minister of Sports did not have the power to remove or suspend Illyas and pointed out such removal or suspension could only be carried out by SLR, when Illyas’ petition was taken up by the appellate court bench comprising Justice Sobhitha Rajakaruna and Justice Dhammika Ganepola on Friday.
Illyas challenged the notice issued by the Ministry of Sports by filing a petition at the Court of Appeal naming Sports Minister Roshan Ranasinghe, the Secretary of the Ministry, the Director General of Sports and SLR as respondents. After the initial hearing, where SLR legal representative Shantha Jayawardene informed the court that his client, SLR, will not take action against the incumbent President Illyas until the next hearing, which falls on January 27, 2023, the petitioner stated that the letter issued by the Minister of Sports to SLR, demanding his suspension was illegal and requested interim relief by way of a writ.
“The Minister of Sports demanding the removal of SLR President, breaches the sports law of the country, hence infringed upon his right to hold the post for which he was duly elected. He further requested the court to consider issuing an interim injunction against the said letter and further sought an order to prevent Minister of Sports, Secretary to the Ministry and Director General of Sports from unduly interfering with the functions of the President of SLR,” a statement issued by Illyas’ legal team said.
Following the initial hearing, Illyas will regain the right, after almost one week, to exercise his duties as President of SLR until the next hearing date of January 27, 2023.
Last week, the Sports Minister issued a directive after seeking opinion from the Attorney General’s Office and the recommendation stated that the Minister of Sports has ‘no legal impediment as empowered by law to issue a special direction in respect of Mr. Ilyas’. Within a day from receiving the letter, SLR responded to the Ministry of Sports officially seeking for clarity.
Ilyas’ suspension by ARFU, which was imposed on June 22, 2022 through a letter pending inquiry, is yet to be taken up by the regional body even after almost six months. From the local perspective Illyas was previously cleared to hold office after a proper inquiry. Legal experts questioned the manner the directive was issued, stating it was totally a ‘one sided’ affair and the Ministry of Sports should have issued the suspension on Ilyas after conducting a proper inquiry.