Timely intervention by MoS and Court verdict restore SLR sovereignty
The ruling by the Court of Appeal forced the DG to abandon his previous insistence on amending the SLR Constitution before holding an Annual General Meeting (AGM) to elect a new rugby administration. Sources indicate that the DG had been poorly advised by his own appointee, Nalin de Silva, who was designated as the ‘Point of Contact’ after Prof. (Rear Admiral) Shemal Fernando, the DG, became the SLR Competent Authority (CA) on May 29. A situation that could have been resolved easily with proper guidance instead dragged on for months, resulting in a legal deadlock that stymied the progress of rugby in Sri Lanka. This was exacerbated by dubious advice from the ‘Point of Contact,’ who was reportedly barred from entering the Ministry of Sports (MoS) premises for over a month.
Eventually, the DG, Prof. Fernando, acting as CA, was compelled to step aside and follow the court’s directive to convene a Special General Meeting (SGM) on December 20 to elect an Election Committee. A letter dated December 6, addressed to the Presidents and Secretaries of all Provincial Rugby Unions, Sri Lanka Schools Rugby Association, Sri Lanka Society of Rugby Referees, and Sri Lanka University Sports Association, outlined the agenda, which includes 10 key items.
The letter, referencing the Court of Appeal’s order in Application No. CA/WRIT/0438/24, issued on December 5, confirmed that the SGM would elect the Chairman and two members of the Election Committee as per Clause 38.1 of the SLR Constitution.
This step has been widely welcomed by the rugby community, which has consistently emphasised the importance of following proper procedures to conduct the long-overdue AGM, a requirement dating back to May 29. SLR had been suspended by the Ministry of Sports for failing to meet the annual deadline of May 31, along with three other sports bodies – netball, cycling, and motorsports.
The seven provincial unions, who had filed a petition in the Court of Appeal, challenged the CA’s decision to hold the AGM after the suspension was imposed, arguing that it contradicted the rugby constitution. The planned AGM had proposed amending the SLR Constitution immediately after the new office bearers were elected, an action opposed by most in the rugby community. The unions contended that any amendments should only be made at an SGM after the AGM, with proper input from the membership.
After a seven-month legal deadlock, a breakthrough came when the new Secretary of the Ministry of Sports, Anura Bandara, issued a letter earlier this week assuring the Court of Appeal of the Ministry’s consent to proceed with the AGM. The ‘No Objection Letter’ also stipulated the requirement to hold the SGM by January 31, 2025, in line with World Rugby (WR) requirement.
With this development, the rugby fraternity is confident that the necessary protocols will be followed, including the appointment of an Election Committee, the conduct of an AGM to elect new office bearers, and an SGM to ratify the proposed constitutional amendments in accordance with WR’s requirements. Sri Lanka now has until January 31, 2025, to meet the extended deadline set by WR, providing ample time—55 days—to complete the necessary steps.
“This is a positive breakthrough that restores faith among all stakeholders of rugby in Sri Lanka. The challenge now is to ensure the due process is followed with transparency and good faith,” stated a member of one of the provincial unions.
WR had previously warned Sri Lanka of consequences if SLR failed to amend its constitution, and on two occasions, a potential global ban was delayed following written requests from the local authorities. Over the past seven months, little progress had been made, with the higher authorities remaining largely inactive until the appointment of a new Sports Minister two weeks ago.
It is clear that the new administration at the Ministry of Sports has played a critical role in mediating out-of-court, which has now led to a positive outcome for the future of rugby in Sri Lanka. The legal stalemate had caused delays, including the postponement of the country’s premier domestic competition, the Inter-Club Rugby League, which was supposed to commence three weeks ago.
Additional Solicitor General Sumathi Dharmawardena PC, who represented the respondents, confirmed in court that the CA must call for an AGM as soon as possible to elect office bearers, and that the elected officials must submit any proposed amendments to the SLR Constitution at an SGM by January 28, 2025.
“I confirm that the WR Executive Board has agreed to extend the deadline for approval of the new constitution to no later than January 31, 2025, after which the continued status of SLR will be considered by WR. This final extension aims to provide all stakeholders with sufficient time to agree on a new constitution and avoid the imposition of a 12-month suspension,” Dharmawardena told the court..
Faiszer Musthapha PC, representing the petitioners, emphasised the importance of adhering to Section 38 (1) of the SLR Constitution, which governs the election of office bearers.
“Specifically, in terms of the Sports Law, the membership process, elections, and related matters will be decided by the Election Committee appointed according to Section 38 (1) of the SLR Constitution. The SGM will be held in accordance with the Constitution to appoint the Election Committee, and all conditions are subject to the SLR Constitution and Sports Law,” Musthapha argued, a point strongly stressed by the petitioners in recent months.
Last month, the Court of Appeal ruled that the DG of Sports must abandon any attempts to amend the SLR Constitution prior to the AGM, as advocated by rugby stakeholders, especially the provincial unions, who had greater representation on the SLR Executive Committee.
The provincial unions, frustrated by attempts from certain clubs to undermine their authority, have finally succeeded in restoring democracy, good governance, and transparency to SLR. The legal battle began after the DG’s call for an AGM to elect new office bearers, followed by constitutional amendments.
Rugby experts, many of whom are former SLR administrators, have argued that constitutional amendments, if needed, should follow proper procedures with active participation from rugby stakeholders.
SLR has faced multiple challenges since the tenure of Namal Rajapaksa as Sports Minister (2020-2022), followed by Roshan Ranasinghe (2022-2023), with Sri Lanka enduring suspensions from Asia Rugby (AR) and a global ban from World Rugby (WR). However, the new Sports Minister, Sunil Kumara Gamage, and MoS Secretary Anura Bandara have worked to resolve outstanding issues with suspended sports bodies, including rugby.
This latest development brings hope to the local rugby community, signaling a potential turning point in the sport’s long-awaited progress and growth. The Court of Appeal’s conclusion that the “matter is settled for the time being” raises the question of whether a permanent resolution can be reached for the future stability of Sri Lanka Rugby.
| SLR ordered to amend constitution by January 2025 or face global ban | |
| By Ranjith Padmasiri Sri Lanka Rugby (SLR) has been instructed to amend its constitution as proposed by World Rugby (WR) before January 28, 2025, and adopt these changes at its Special General Meeting (SGM). The Director General of the Department of Sports Development, Ministry of Sports, Rear Admiral (ret.) Prof. Shemal Fernando, acting as the Competent Authority (CA) of SLR, has been directed by the Court of Appeal to appoint an Election Committee (EC) and elect a new set of office bearers for SLR. These newly elected officials will be responsible for adopting the amendments to the constitution through the appropriate process.This ruling was issued by the Court of Appeal after both parties agreed to conduct the Annual General Meeting (AGM), which had been delayed due to a petition filed by seven provincial unions affiliated with SLR. Additional Solicitor General Sumathi Dharmawardena, PC, who represented the respondents, including Prof. Fernando, presented proposals to the Court of Appeal bench, consisting of M.T.M. Lafar and P. Kumararatnam. The petitioners agreed to these proposals. Government Solicitor Mrs. Maithree Amarasinghe Jayathilake elaborated further, explaining that if SLR fails to adopt the proposed amendments as outlined in the letter sent by the CA to WR on October 24, Sri Lanka could face a global rugby ban for 12 months. This could occur if the proposals are not completed by January 30, 2025. Faizer Musthapha, PC, representing the petitioners, emphasised the importance of ensuring the proper procedures are followed according to the SLR constitution by Prof. Fernando as the CA. Attorneys-at-Law Sanjeewa Kaluarachchi, Pulasthi Rupasinghe, and Kevin Hettiarachchi also appeared on behalf of the petitioners alongside Faizer Musthapha, PC. |