Clearing up the mess: Minister Harin, let's begin with the new SLC constitution
It is no secret that politics plays a huge role in Sri Lanka's sports and what occurred towards the end of the Sidath Wettimuny Interim Committee must be in scrutiny even at this time of age. What they looked at that time was to effect a change in the constitution of Sri Lanka Cricket (SLC) and infuse a fresh lease of life to cricket in the country.
Yet, politics and other paraphernalia got in the way, and once again Sri Lanka's cricket slipped into that usual state of deception and skullduggery. The results of the contest are more brutal. At present, the ICC is on a hunt for miscreants who have fixed the game of cricket in various ways. Adding fuel to the dicey situation, a huge investigation is going on with SLC’s own employees coming under investigation for trying siphon off huge sums of money.
Now once again the UNP parasol has opened up with former Josephian rugby player Harin Fernando taking over the sports portfolio. The catch point is – here comes a man who understands what sports mean and worth a bead of sweat.
At this end, we feel that someone once again should direct Prime Minister Ranil Wickremesinghe and the new sports minister to have a re-look at introducing a new cricket constitution through an act of parliament and put and end to this plague that has inflicted the game that we Lankans love the most.
Below are the recommendations that were included in the draft constitution, which were almost agreed and acted upon by the then Yahapalana government while Navin Dissanayake was the sports minister in 2015 and the ICC.
(This draft was based on the situation that prevailed under the Sidath Wettimuny Interim Committee in 2015).
It is recommended that SLC is incorporated by an Act of Parliament as a Body Corporate, which has perpetual succession and can hold property in its own name and sue and be sued in its own name.
It is submitted that there is ample justification to differentiate SLC from other unincorporated Sports Associations, since SLC has a Balance Sheet with Gross/ Total Assets over Rs. 6,186 Million and Gross Income (Turnover) of over Rs.3,233 Million [in the year 2014], is the Proprietor of the “most valuable Brand in Sri Lanka” and administers the Game of Cricket which has a unique place in the hearts and minds of the people of Sri Lanka. It is relevant to mention that, the Pakistan Cricket Board [ PCB] is a Body Corporate established by Statute in 2014. The ECB, Cricket South Africa NPC and the Irish Cricket Union Ltd are duly incorporated Companies. However, the BCCI and Cricket Australia remain as Unincorporated Associations;
2) It is recommended that the Act of Incorporation provides for SLC to have a Constitution to govern membership rights and incorporates a suitably drafted Constitution in a Schedule. The Act and Constitution should be drafted by a specially appointed Committee and be, thereafter, submitted to the Legal Draftsman’s Department for any required amendments and finalisation;
3) It is recommended that SLC is taken outside the scope of the Sports Law and is governed by its Act of Incorporation, Constitution and any Rules that may be made by the Minister of Sports under and in terms of the Act of Incorporation; 4) It is recommended that the Act of Incorporation/Constitution provides that all the Associate Members, Affiliated Members, Controlling Members and Cricket Associations which now hold Membership in SLC, continue as Members of SLC. However, it is recommended that, following Incorporation, these Members are divided into two categories – ie: Voting Members and Non- Voting Members.
It is recommended that, the Voting Members at any General Meeting of SLC be restricted to the following Categories of Members – (i) a maximum of 14 Clubs who, as at the date of that General Meeting, play in the then current Premier Tournament, which should be restricted to 14 Clubs (as at present); (ii) A maximum of 10 Clubs who, as at the date of that General Meeting of SLC, playing in the then current Emerging Tournament, which should be restricted to 10 Clubs (as at present); (iii) Recognised Cricket Associations who conduct Tournaments (there are 06 at present); (iv) Provincial Cricket Associations (ie: 09, at most) who will represent all the District Cricket Associations within that Province [The Constitution should set out a Model for this arrangement.]
The current voting system results in SLC having about 147 voting members at any time, based on the present structure. [PCB has approximately 17 voting members, the ECB has approximately 18 members, BCCI has approximately 42 members and Cricket Australia has approximately 22 members];
It is recommended that Members who are Premier Clubs and Provincial Cricket Associations will be entitled to 02 votes each at a General Meeting of SLC and that members who are Emerging Clubs and Recognised Cricket Associations will be entitled to one vote each. All votes to be exercised by delegates to the Meeting.
It is recommended that the Act of Incorporation and the Constitution provides for SLC to be governed and managed by a Board of Directors of 15 persons which will hold Office for a period of two years and are appointed at an AGM of SLC;
It is recommended that the members of SLC elect nine members of the Board of Directors from among candidates who are duly nominated by any Voting member and are members of the nominating Club or Association; that, the Immediate Past Chairman also be a member ex officio; and that, the Minister of Sports, in consultation with the National Sports Council, appoints five members of the Board of Directors, who shall be independent Professionals of known integrity and high repute with two being qualified practising Chartered Accountants with more than 20 years experience, one being a senior lawyer who has been in practice for more than 20 years and two being Directors of Public Quoted Companies;
It is recommended that, the Board of Directors appoints a Chairman from among the elected members and a Deputy Chairman who is an appointed member;
9) It is recommended that, no person shall hold the Office of Chairman or Deputy Chairman for more than two terms and that, no person shall be a member of the Board of Directors for more than two consecutive terms; 10) It is recommended that the Act/ Constitution clearly specifies: the Duties and Obligations of the Directors including the fact that they hold Office in a fiduciary capacity; a Code of Conduct for Directors; the usual grounds specified in similar Acts of Incorporation for disqualification of a Director and also disqualifies any persons who holds elected political Office; suitable provisions for Board Procedure; the Procedure for the removal of Directors; makes it mandatory for SLC to appoint the Auditor General as its Auditor; makes it mandatory for SLC to be appoint a recognised Firm of Chartered Accountants to carry out Quarterly Management Audits and Internal Audits in line with accepted Corporate Practices; requires SLC to have an Audit Committee chaired by an appointed Director who is a Chartered Accountant and one other appointed Director and two elected Directors; and other Provisions which will ensure good governance and efficient management on a long term basis.
11) It is recommended that there shall be a Board of Governors of SLC consisting of five persons, two of whom shall be past Test Captains of Sri Lanka who have ceased to play First Class Cricket at least 15 years prior to their appointment to the Board of Governors, two of whom shall be i n d e pendent and eminent Professionals of known integrity and high repute and with a seniority of not less than 25 years in their Profession and one of whom shall be a previous Chairman of SLC;
12) It is recommended that, the Board of Governors shall be appointed by the Minister of Sports, in consultation with the National Sports Council, and hold Office for a period of three years;
13) It is recommended that, the Board of Directors of SLC shall obtain and consider the views of the Board of Governors with regard to decisions of the Board of Directors on financial transactions over a value of Rs.10 million; the acquisition, disposal or other dealing in property of SLC which is over a value of Rs.10 million and the hiring, termination, remuneration and disciplinary control of the Chief Executive and Departmental Heads of SLC; before the implementation of such decisions;
14) It is recommended that Provisions be made in the Act/Constitution for SLC to have a Chief Executive who is appointed by the Board of Directors, in consultation with the Board of Governors. The Chief Executive will function as the operational head of SLC and will report to the Board of Directors and be entitled to attend Meetings of the Board of Directors. It is recommended that Provisions be made in the Act/Constitution for SLC to have Departmental Heads responsible for Cricket Operations, Finance, To u r n a m e n t s, M a rke t i n g , Administration/Legal and IT, each of whom reports to the Chief Executive. 15] It is recommended that the Act requires that the Quarterly Balance Sheet and Accounts of SLC shall be published.