Will lack of parliamentary approval on sport regulations haunt upcoming SLC election?
The new Sports Minister is tasked to clear the hurdles for National Associations to conduct elections without potential legal challenges
Numerous national sports associations, including SLC, have already amended their constitutions in accordance with these regulations gazetted on May 3, 2024. However, the government has failed to take the necessary legislative steps to formalise their approval. As a consequence, since the regulations have not been submitted to Parliament for ratification, their legal status remains unclear.
Although the Minister of Sports assured Parliament in early February that he was in the process of reviewing the regulations gazetted by his predecessor in order to take appropriate action, he is yet to initiate the steps required for parliamentary approval—an essential legal requirement under the Sports Act No.25 of 1973.
These regulations were initially gazetted on May 3, 2024, paving the way for the current administrators to remain in office for up to eight years. Section 41, Subsection 3 of the Sports Act clearly stipulates that every regulation made by the Minister must be presented before Parliament for approval at the earliest opportunity following its publication in the gazette. This underscores the necessity of parliamentary approval, as the legislative body, having enacted the Sports Act, ultimately holds the authority to sanction such regulations.
With elections of multiple National Sports Association due to take place in May, a legal challenge could emerge, arguing that the regulations are invalid due to the lack of parliamentary endorsement, thereby violating Section 41, Subsection 3 of the Act. If such a challenge is upheld, it could potentially render the upcoming elections unlawful.
Harin Fernando, the former Minister of Sports, who originally endorsed these new regulations, tabled them in Parliament on September 3, 2024. However, due to the dissolution of Parliament, there was insufficient time to secure their approval. Under standard parliamentary procedure, regulations are tabled and subsequently published in the gazette in all three official languages before being distributed to Members of Parliament. This process, which has been in place since 1973, ensures transparency and due legislative process. Historically, all regulations have been published and gazetted before being submitted for parliamentary approval.
Once the gazette is published, the procedural timeline typically spans two to three months, as the document must be translated into all three languages. Following this, it is submitted to the Secretary to the Parliament, and within an estimated three months, it is formally presented for approval. Given the established precedent, the delay in this instance raises concerns over procedural integrity and governance.
The Sunday Times attempted to contact the current Minister of Sports, Sunil Kumara Gamage, and his deputy, Sugath Thilakaratne, for their comments on the matter. However, there was no response from either official.
Under the provisions of Section 41, Subsection 3, if a regulation is not approved by Parliament, it is deemed nullified from the date of its rejection. However, any actions taken under the regulation prior to its annulment remain legally valid. This implies that if elections or other procedural actions were conducted based on the new regulations before parliamentary disapproval, those actions would still carry legal weight.
As the clock ticks towards the SLC elections, the lack of parliamentary approval for the regulations introduces an element of legal ambiguity that could have far-reaching implications. Should a legal challenge materialise, it could not only disrupt the SLC elections but also set a precedent for broader governance issues within Sri Lanka’s sporting landscape.