Lacuna in law could fetter SLC election
Even though the regulations were gazetted as far back in May 3, 2024, the Sports Ministry has not taken steps to get it approved in the Parliament–a legal requirement under the Sports Act No.25 of 1973.
The Section 41, Subsection 3, mandates that every regulation made by the minister must be presented before Parliament for approval as soon as possible after its publication in the gazette. This means that parliamentary approval is essential since parliament, having approved the Sports Act No.25 of 1973, ultimately holds the final decision.
“Seven months have passed, yet these regulations gazetted in May last year, have not been approved by the parliament,” said Panduka Keerthinanda, Attorney-at-Law who is a sports law consultant.
“With multiple elections of National Sports Associations coming up in May, a legal challenge could arise, arguing that the regulations are invalid due to the lack of parliamentary approval, thereby violating Section 41, Subsection 3.”
“There is no justifiable reason for this delay. Since September 2023, several months have passed. It is imperative for the current minister to submit the regulations to parliament immediately. Otherwise, he must nullify them if he is not satisfied with their content,” he added.
Harin Fernando, the former sports minister, who signed off the new regulations presented the regulations on September 3, 2024 in parliament, but did not have time to get it approved due to the dissolution of parliament. Typically, regulations are tabled in parliament, and once the session begins, the gazette is published in all three languages and distributed to all members of parliament. This process has been followed since 1973. Regulations have consistently been published and gazetted before being submitted to parliament for approval.
“Once the Gazette is published, it usually takes about two to three months for the necessary steps to be completed, as it must be printed in all three languages. After that, it is submitted to the secretary to the parliament, and within approximately three months, it is presented for approval.”
According to Keerthinanda, the sports bodies are dependent on these regulations.
“Many have already amended their constitutions in accordance with them, including Sri Lanka Cricket. However, the government has failed to follow through. As a result, since the regulations have not been submitted to parliament for approval, their legal status is uncertain,” he explained.
According to Section 41, Subsection 3, if a regulation is not approved by parliament, it is deemed nullified from the date of its rejection. However, actions taken under the regulation before its annulment remain valid. This means that if elections or other actions were performed based on the new regulations before parliamentary disapproval, those actions would still be legally binding.
“SLC holds its election on March 31. If someone challenges this in court on the grounds that the regulations have not been approved by parliament, the elections could be delayed. The government would then have to submit the regulations for parliamentary approval before proceeding with the elections. Until that happens, the elections could face legal challenges,” he added.
The reality is that both sides are waiting to exploit legal loopholes. If one group wins the election, the other will challenge it—and vice versa. This is why the minister and the government, including previous administrations such as that of Harin Fernando, have failed in their responsibility to submit the regulations to parliament.
Before the March elections, parliament must either approve or reject these regulations. Delaying the process serves no purpose and creates unnecessary legal uncertainty. The minister and the ministry are responsible for ensuring that the proper procedures are followed. The lack of awareness or attention to this issue is shocking.