SLR SGM mandate challenged by Provincial Unions
View(s):- No mandate for SLR Constitution change; Court issues interim order
- Provincial Unions vow to support SGM despite protocol hiccup by MoS
The Provincial Unions affiliated to Sri Lanka Rugby (SLR), now serving a temporary suspension imposed by the Ministry of Sports since May 29, have sought legal assistance from the Competent Authority of holding a Special General Meeting (SGM) tomorrow.
Seven Provincial Unions out of the eight, have sought an Interim Order in the Court of Appeal, prohibiting, discussing or coming to a conclusion on three subjects they identify as delicate and crucial at tomorrow’s SGM. The decision to seek an Interim Order by the seven Provincial Unions, representing Western, Central, Uva, North Western, North Central, Eastern and Southern, follows a recent advertisement that appeared in a weekend newspaper.
The ‘notice’ advertised, of the SGM to be held on July 15 at 4:30pm at the Main Auditorium of the Ministry of Sports, has an agenda of six items in numerical order. They are 1. Call the meeting in order, 2. Roll call and apologies, 3. Electing the members of the Elections Committee in terms of Article 38.1, 4: Tabling the draft amended Constitution, 5: Discuss matters relating to the draft amended Constitution, and 6: Adopting the proposed Constitution and/or adopting the amendments to the Constitution of Sri Lanka Rugby as proposed.
Sri Lanka's potential at international stage, has been constantly pulled back by administrative issues many a time
But the seven Provincial Unions, excluding Sabaragamuwa, have challenge the items 4, 5, and 6 in the agenda, calling it a total violation of protocols, specifically when making amendments to the SLR Constitution. They claim that the Director General of Sports Development, Professor Shemal Fernando, who was appointed as the Competent Authority by the Minister of Sports through a gazette notification on May 29, has been totally misled on the proper procedures of applying amendments to the constitution of a or any sport governing body.
According to sources, the intended amendments of the SLR Constitution would provide Division ‘A’ clubs, who are part of the SLR membership, majority of power in the Executive Committee, while the Provincial Unions’ voice have been toned down with a lesser number of seats. Currently the Provincial Unions hold the majority of the seats in the Executive Committee.
Interestingly SLR was the first sport association to amend its constitution in accordance with the Amended Sports Regulation adopted during the tenure of Mahindananda Aluthgamage as the Minister of Sports. The changes to the SLR Constitution were adopted upon consultation with the International Olympic Committee (IOC) under its Olympic Charter, as well as World Rugby (WR), who are at present ‘threatening’ Sri Lanka with a possible ban.
“We believe that this matter needs to be discussed among all Provincial Unions, Clubs and we need time to understand why the sudden rush by World Rugby policing the Constitution of SLR. WR is not there to police SLR Constitution and make strong remarks of punishing SLR internationally, if SLR and Provincial Unions don’t adhere to their recommendations,” Roshan Deen of Western Province Rugby Football Union (WPRFU) voiced out.
According to indications, the notable culprit for the whole debacle falls on the shoulders of Group Captain Nalin de Silva, the former Deputy President of SLR, who took over the hot seat after the exit of its elected President Rizly Illyas. Apparently the WPRFU has been actively in communication with SLR, calling in for the Annual General Meeting (AGM) to be held before May 31, but according to sources de Silva has not responded to the calls, prompting a temporary suspension from the Ministry of Sports.
Surprisingly, the very same day SLR was suspended, the Ministry of Sports affectively appointed de Silva as its ‘point of contact and facilitator on behalf of Ministry of Sports in respect of all matters pertaining to the development of rugby in Sri Lanka and SLR Constitutional review matters’. The appointment letter has been copied to top officials of Ministry of Sports, IOC, WR, Asia Rugby and the National Olympic Committee.
“Accusations have been brought up of ‘ghost clubs’ or ‘paper clubs’, and no proper explanation has been made as reason for the amendments of SLR Constitution. SLR had to face a fine of £50,000 and that is being deducted £5000 through each WR grants meant for development projects, whereas the officials who committed the grave mistakes have walked out freely. We, as the membership, cannot comprehend how the then SLR and WR officials came to such agreement without proper fact finding,” a concerned official questioned, further quizzing the role played by WR official David Carrigy through the whole process.
Presently, the SLR membership includes a total of 19 members – eight each of Provincial Unions and Division ‘A’ clubs and the Referees’ Society, Schools Association and the Universities. The Provincial Unions are of the view that they contribute more to the development and good governance of the sport as regional caretakers of rugby. They claim the Division ‘A’ clubs engage in 15s League and Knockout tournaments in addition to 7s competitions conducted by SLR and respective provinces and do not contribute to the growth of the sport as much as the provincial bodies do.
“The Provincial Unions are positive on looking at some recommendations but we should not be bullied by Division ‘A’ clubs and WR. No one has the right to enforce changes in the SLR Constitution without a detailed review. We support the AGM and once the new SLR office is positioned, we should work to bring about good governance, accountability and transparency and look at the changes. But the current recommendations have completely taken off all powers from Provincial Unions and given the clubs more power. Provincial Unions contribute to development in all provinces from junior age groups onwards with different age group tournament which is the feeder for schools, clubs and national levels”.
The Interim Order has been delivered to the Ministry of Sports on Friday according to sources, and WR may come up with a red card on Sri Lanka if the intended SGM does not take place as planned. Through the Interim Order, the petitioners have clearly agreed to proceed with the SGM with items 1, 2, and 3 on the agenda, up to electing a new set of SLR office bearers.
The Sports Minister Harin Fernando, K. Mahesan, the Secretary of Ministry of Sports and Youth Affairs, Professor Shemal Fernando, Director General of Department of Sport Development and Nalin de Silva of SLR have been named as respondents in the Interim Order.
SLR was one of the four national associations to receive a temporary suspension of registration through a special gazette notification issued by the Minister of Sports, who through the same gazette appointed the DG Professor Fernando as the Competent Authority of all four associations on May 29. The other three suspended were Sri Lanka Cycling Federation, Sri Lanka Netball Federation and Sri Lanka Automobile Sports.
The Ministry of Sports suspended the memberships of the four associations on the grounds that they failed to conduct the Annual General Meetings (AGM) or Elections on or before the annual cutoff date set in accordance to the country’s sports law, which is May 31 each year.