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By Rahel Kirinde and Madushka Balasuriya
Sports Minister Faiszer Mustapha yesterday appointed Ministry Secretary Kamal Padmasiri as the Competent Authority to take over Sri Lanka Cricket (SLC) after SLC President Thilanga Sumathipala’s term came to an end. In the meantime board elections for a new administration have been delayed following a Court Order, but Mustapha assured they would be held before 31 July.
Speculation was rife ahead of the announcement that the Minister may opt for the appointment of an Interim Committee but a decision to appoint the Competent Authority was made despite appeals by Sumathipala to allow him and his officials to continue in their posts till elections are held.
“In terms of Section 41 of the Sports Law, I am entitled to appoint a Competent Authority to carry out the functions of the SLC. I have appointed the Sports Secretary as he is a Government officer. I have confidence in him and believe that he will do justice to Sri Lanka Cricket,” Mustapha told reporters, adding that this would only be a temporary arrangement and that actions would be taken to hold elections as expeditiously as possible.
Addressing a question as to why he chose to appoint a Competent Authority as opposed to extending the term of the current ExCo, Mustapha stated: “We have to act within a particular legal framework and as per the advice of the Attorney General, I have chosen the most prudent approach.”
The Minister also noted that he had chosen to appoint a Competent Authority as there was no legal provision to appoint an Interim Committee. “Unless a sports body has been suspended or revoked, an Interim Committee cannot be appointed,” he explained.
“I believe in a democratic process, and that democratically-elected office bearers should run sports bodies. But, consequent to a writ application and an interim order, I am compelled to take this decision to ensure the continuation of Sri Lanka Cricket.”
Sumathipala had earlier in the day held a media briefing urging Mustapha to extend the term of the incumbent board until fresh elections could be held, citing several areas in which Sri Lankan cricket could potentially suffer as a result of not having a democratically elected body at the helm. The International Cricket Council (ICC) has in the past taken stern action over government interference in the running of cricketing affairs, most notably when SLC was stripped of ICC full member status when under an Interim Committee in 2015.
“We held a special meeting last night, and we asked the Sports Minister to allow us to rectify the mistakes in the process and go ahead with elections, and to remain in charge until that point. It is to ensure the stability of SLC,” Sumathipala revealed. “We have to look at the well being of the national team. There is a South Africa tour, Asia Cup, and England tour coming up. These next 4-5 months are incredibly challenging for us, and we require stability to carry out these responsibilities.”
“We also cannot approve our budget, or our audited accounts. It’s only once we approve our audit report that we could get our next set of funds from the ICC of roughly Rs. 7.5 billion, as the ICC could demote us to observer status. These are huge problems that need to be considered. When you go to Court asking for a verdict, we have to understand the consequences that verdict might bring us,” bemoaned Sumathipala.
When questioned as to whether Sumathipala’s concerns had been taken on board prior to the appointing of a Competent Authority to head SLC, Mustapha said the response of the ICC was secondary to the need to work within the ambit of local Sports Law. This decision he said was also taken in consultation with the Attorney General. The Sports Minister had previously consulted with the Attorney General when allowing elections to go ahead on 31 May – foregoing a mandatory nomination period – but that decision had been effectively nullified by the Court of Appeal.
SLC board elections, previously scheduled to be held on 31 May, were postponed after SLC presidential candidate Nishantha Ranatunga filed a petition against incumbent president Thilanga Sumathipala, on the basis of the latter’s familial ties to the gaming industry. While the Court refused to grant the petitioner’s request to hold the elections without Sumathipala, it did not dismiss the petition out of hand.
In the deliberation, it found that SLC had failed to hold a mandatory 14-day nomination period following the announcement of the election date - something which SLC had seemingly been granted permission for by the Sports Ministry less than two weeks prior - and as such ordered elections be stayed, with the matter set to be taken up by the Court again on 14 June.
Pix by Upul Abayasekara
