Fighting wrongdoers
FIFA’s Independent Ethics Committee are a powerful organisation. Any allegation of corruption and they come down hard on the culprits, as they did with a former president and an UEFA chief. And now, a Malaysian is on board the world body who impose sancti
A MALAYSIAN is now in FIFA’s Independent Ethics Committee.
The FIFA Council appointed Professor Datuk Sundra Rajoo, director of the Kuala Lumpur Regional Centre for Arbitration (KLRCA), as a deputy chairman of the committee’s Adjudicatory Chamber earlier this month.
The Ethics committee comprise two chambers – Investigatory and Adjudicatory; each chamber has a chairman, two deputy chairmen and between five and six members each.
They are the ones who brought down FIFA president Sepp Blatter and UEFA chief Michel Platini in December 2015 after FIFA were engulfed by allegations of corruption.
The most recent sanctions reported on their website relate to the life bans imposed on three former presidents of national football associations – Richard Lai of the Guam Football Association and a former member of FIFA’s Audit and Compliance Committee; Julio Rocha of the Nicaraguan Football Association and a former FIFA development officer; and Rafael Esquivel of the Venezuelan Football Association, from all football-related activities.
Sundra is the first Malaysian to serve on FIFA’s Adjudicatory Chamber. He is a Chartered Arbitrator, lawyer, Professional Architect and Registered Town Planner.
In 2015, at the KLRCA’s inaugural KL International Arbitration Week, he spoke passionately about his vision to take KLRCA forward with the Court of Arbitration for Sports.
In a recent interview with StarSport, Sundra says he was nominated for the post by the Asian Football Confederation.
While he admits to not supporting or avidly following any local or international football team specifically, he said he enjoys “watching the game”.
StarSport: You are the KLRCA director and have been credited by local and international stakeholders with turning the centre into a sought-after venue for dispute resolutions. But have you adjudicated any sports disputes?
Sundra: Yes, as such, I am familiar with the process. I have also participated in training programmes on sports arbitration.
Starsport: The committee’s website announces bans running from a few months to several years against those found guilty of breaches of FIFA’s Code of Ethics. Is that the worst punishment?
Sundra: Breaches of the FIFA’s Code of Ethics or any other FIFA rules and regulations can lead to sanctions such as a warning, reprimand, return of awards, ban on entering a stadium and the like. However, in my opinion, banning a person from taking part in any football-related activity is the worst form of punishment if the ban runs for several years. It may take away from a footballer, his prime playing years, decapitate him financially as well as morally.
Starsport: What are the usual breaches committed?
Sundra: There are numerous breaches that can be committed. Among them are:
● Employment disputes in the national and international context – these typically arise from the termination of employment contracts of players or coaches or the movement of players between clubs;
● Disciplinary matters – this is the second most common type of dispute and they relate to disciplinary sanctions, the largest subsection being appeals against sanctions for anti-doping rule violations;
● Match-fixing and Ethical matters – deals with corrupt practices in the election and reelection of committee members, clubs and associations; and
● Global Transfer Violation – there are many disputes arising from the transfer of players from one club to another. The issues relate to eligibility to play for another club, release of former club and free transfer between associate clubs.
Starsport: I gather there are no hearings. Does that mean the adjudicatory chamber makes a decision based solely on the report and findings of the investigatory chamber?
Sundra: As a general rule, no hearings are conducted and the adjudicatory chamber decides the matters on the basis of files and findings in its possession. However, the chairperson of the committee can order a hearing upon receipt of a request.
The adjudicatory chamber renders decisions independently on the basis of the files and findings of the investigatory chamber. However it is not limited to these alone. The adjudicatory chamber can conduct further investigations on its own or alternatively, it can ask the investigatory chamber to conduct more investigations or make additions on its final report.
Starsport: Do members have to recuse themselves if the person alleged to have committed unethical or corrupt actions is from the same country?
Sundra: Yes. Section 35 of the FIFA Code of Ethics very clearly states that a member of the Ethics Committee shall decline to participate in any investigation or hearing concerning a matter where there are serious grounds for questioning his impartiality. The definition of “serious grounds” includes where a member is of the same nationality as the party implicated or under investigation.