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Sports Ministry releases guidelines after GCB meeting with President Jagdeo

Aug 27, 2011 Sports

 

On August 2011, in the Supreme Court of Judicature of Guyana, the Honourable Chief Justice (ag) Mr. Ian N. Chang, S.C. made a judgment with respect to the case filed against the Guyana Cricket Board (GCB).  The major components of the judgment are as follows:
1. “It is a matter of common knowledge (a fact of notoriety) that there exists a Ministry responsible for sports in general.  This indicates that the State has assumed executive (responsibility) for the welfare, promotion and proper administration of sports in Guyana…
2. The laissez-faire system in sports must therefore not be allowed to operate unchecked and unsupervised and the Executive Government has the responsibility of ensuring that the operation of such a system does not threaten the public welfare in the area of a national sport.
3. Since the judiciary as an arm of the State is powerless to provide remedial action, the remedy must, of course, lie either in the exercise of the legislature and/or the executive.
4. In the present state of affairs, while a legislative structure for the administration of cricket is desirable, there may be the immediate need for the Minister responsible for sports to impose his executive will in the national interest until such time as Parliament can provide a more permanent welfare structure.
5. If moneys are stolen or misappropriated neither they nor their unincorporated membership associations can be complainants in either civil or criminal proceedings – for lack of legal personality… (and) for the simple reason that they and their members are legal nonentities (p.7.).
6. It is difficult to see how those member associations (ECB & BCB) could have sent delegates to vote at the GCB election since their members were not persons but rather legally non-existent entities. (p. 6)”
It is clear therefore that the Honourable Chief Justice (ag) found that the GCB was a non-existent legal entity of the sport of Cricket.
Consequent upon the judgment made by the Hon. Chief Justice (ag), His Excellency met with representatives from the Guyana Cricket Board, Berbice, Essequibo and Demerara Cricket Boards along with the Hon. Minister of Culture, Youth and Sport on Thursday August 26, 2011 at State House.
At the meeting HE reviewed the judgment and agreed that the Government through the Ministry of Culture, Youth and Sport would set up an Interim Management Committee (IMC) to be chaired by the Hon. Minister of Culture, Youth and Sport.
The IMC will comprise of two (2) members each of the Guyana Cricket Board, Berbice Cricket Board, Demerara Cricket Board (both factions), the Essequibo Cricket Board and other resource persons as may seen necessary to aid the resolving issues relating to cricket operations and development.
The IMC will meet on Wednesday August 31, 2011 at 10:00hrs to discuss and develop an action plan for the way forward on a short-term.
The Government of Guyana hopes by these measures, that the animosity and differences between the various boards will be resolved in a speedy manner for the better of Cricket.
We look forward for full cooperation from all in the process to take Guyana’s Cricket to greater heights.

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