Latest update November 8th, 2024 1:00 AM
Aug 27, 2011 Features / Columnists, Peeping Tom
The Guyana Government does not seem to understand that it has no role to play in the affairs of the Guyana Cricket Board (GCB). None whatsoever.
It should keep its distance and allow the administration of cricket to proceed as normal. There is nothing unusual about divisions and crises within sporting associations. Right now, a number of football associations are in turmoil following allegations made about bribe-taking. But this does not give any outsider the right to interfere, regardless of whether the associations are properly legally incorporated or not.
Any interference by the government of Guyana in the affairs of the Guyana Cricket Board could lead to a de-recognition by the West Indies Cricket Board, and the exclusion of the local team from participation in regional and international cricket. The government should therefore not meddle in the affairs of the GCB
The government seems to be acting on the notion that the Guyana Cricket Board is not a legitimate body.
The fact that an organization does not have legal personality does not make it illegal. It simply means that the Courts cannot adjudicate on disputes between parties to the Board, because the absence of legal personality renders the court impotent in making a ruling, since entities without legal personality can neither be defendants or plaintiffs in a matter. It does not follow that the actions of the GCB are unlawful or illegitimate. They are not.
There are many organizations in Guyana which are not duly incorporated or registered under the Friendly Societies Act. A great many things are done by both formal and informal groups who are not so registered. These acts are not illegal.
As such the government’s belief that it somehow has an obligation to establish an interim committee to administer the state of affairs of cricket in Guyana is ill-conceived.
As long as the government raises a finger to establish such a committee, then the West Indies Cricket Board is not going to recognize such a body. The West Indies Cricket Board deals with associate boards, and the associate board it is dealing with is the Guyana Cricket Board, not some interim committee.
As long as the government attempts to impose any such committee, whether by agreement or otherwise on the administration of cricket in Guyana, Guyana will not be allowed to participate in meetings of the West Indies Cricket Board and all the planned tournaments scheduled for later this year in Guyana under the auspices of the Guyana Cricket Board are going to be pulled.
There is no problem with the legitimacy of the Guyana Cricket Board. The Board has existed for years and, has now been ruled as existing without legal personality, which simply means that a court of law cannot adjudicate on disputes involving parties to the Board because parties to a court action must have legal personality. A chalkboard cannot be taken to court because it does not have legal personality. But that does not mean that the chalkboard is illegal, does it?
After the last FIFA World Cup, the Nigerian government attempted to ban the national football team from all international competition for two years following their disastrous performance in the competition.
That suspension was lifted almost immediately after it was announced because FIFA made it clear that its statutes did not allow for political interference in the administration of football and therefore Nigeria risked being suspended by FIFA if it went ahead and allowed political interference in its football.
The West Indies Cricket Board is not going to recognize any interim committee. For all intents and purposes there is an executive of the Guyana Cricket Board.
There are obviously internal problems within the administration of cricket in Guyana, and in the best interest of cricket, those problems need to be resolved. But in the absence of a legal solution to the problem – which has now been ruled out – the way for the government or any other interested party to proceed should be to mediate the crisis, not to impose a solution by political edict.
If the government intends to meddle in the administration of cricket it is going to find itself embarrassed. It is acting on some false premises.
If it does a survey, it may find quite a few bodies that are not legally incorporated. It cannot assume that because of the lack of legal personality that these bodies are illegitimate.
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