Confusion and controversy surround AG’s opinion on Sports Regulations

This law is only applicable to the present and the future and not retrospectively. So the implementation of the regulations starts after the date of gazetting and not before

The recent opinion by the Attorney General’s department on appointment of members to National Sports Associations is likely to spark lengthy legal battles as experts believe the Sports Regulations No.1 of 2013 cannot be implemented retrospectively.

The Attorney General’s department has held that the regulations gazetted in January 15, 2013 could be implemented ‘prior and consequent’.

This effectively means that those who have held office for an aggregate of four or more years in key positions of President, Secretary, Treasurer, Vice-President, Assistant Secretary or Assistant Treasurer cannot seek re-election.

The new regulations restricted the term of office bearers to two years and a further term subject to the approval of the sports minister.

They also laid down various conditions on their qualification to hold such office.

It also bars the minister from permitting more than two terms for any one as it clearly says, “Provided that, the period during which a person serves in any one of the said positions, shall not in the aggregate exceed four years.”

“This law is only applicable to the present and the future and not retrospectively,” contested Panduka Keerthinanda, a lawyer who was a member of the committee that drafted the regulations.

“So the implementation of the regulations starts after the date of gazetting and not before.” Keerthinanda was also a member of the National Sports Council.

In addition, Section 56 of the Sports Regulations has rescinded all previous regulations implemented before January 15, 2013, he said. Hence, they cannot be used in conjunction, meaning that the years of office prior to 2013 cannot be counted.

The Sports Ministry secretary M.I.M. Rafeek said, however, that they would be implementing the new regulations as advised by the Attorney General’s Department.

“The ruling is that we can use it ‘prior and after’, so we will be following their advice on this,” said Rafeek.

Amedia release by the Sports Ministry quoted theAttorney General’s Department as saying, “In terms of 13(2) the Minister has the discretion to grant permission for re-election of persons on the basis of the matters set out therein. In this context it is noted that the discretion so granted is not unfettered and is limited by the proviso to regulation 13(2) that the period during which a person serves in any one of the positions shall not in the aggregate exceeded four years. Hence, any sports official who has been in office for a period of 4 years cannot contest the election as per the law.” However, the latest attempt to “interfere” in the independence of non-profit, voluntary organizations will lead to lengthy legal battles with several officials exploring the possibility of taking action against the Ministry of Sports.

“This is not only a violation of human rights, it is a direct interference into the affairs of voluntary, non-profit and mostly self-financing sports bodies. This discourages volunteerism. So we will take legal action if implemented,” a national sports administrator said, on condition of anonymity.

When introduced in 2013, the new regulations sparked controversy with the International Olympic Committee demanding that they be scrapped to ensure autonomy and jurisdiction of national sports associations to retain their international status. Respecting the demands of the International Olympic Committee, the Sports Ministry then appointed a committee to make the necessary amendments in keeping with the Olympic Charter. The amendments are yet to be finalised.

Stringent regulations were deemed necessary after a series of administrative scandals rocked sports in Sri Lanka. Bureaucratic bungling has been the biggest bane of sports development here, with personal agendas habitually superseding the interests of the sport which Sports Ministry thought could be tackled through the new regulations.

The elections of office bearers in national sports associations should be held on or before March 31 but is likely to be postponed amidst the latest development.