Latest update April 10th, 2025 12:07 AM
Appointment of Cricket Ombudsman put on hold
-no meaningful consultations held
On Monday last, Justice Ian Chang, after hearing an affidavit filed by the Essequibo Cricket Board, issued an order Nisi against Minister of Culture,
Dr. Frank Anthony
Youth and Sports Frank Anthony, questioning the validity of the appointment of the Cricket Ombudsman.
The Cricket Administration Act requires “meaningful consultation” between the Minister and the West Indies Cricket Board for the appointment of the Ombudsman.
The order states: IT IS ORDERED that an Order or Rule Nisi of Certiorari be issued, directed to the Minister of Culture, Youth and Sport to show cause why a Writ of Certiorari should not be issued quashing the decision of the Minister of Culture, Youth and Sport to appoint Dr. WINSTON Mc GOWAN as Cricket Ombudsman pursuant to Section 17 of the Guyana Cricket Administration Act No. 14 of 2014 on the ground and for the reason that the said decision to appoint Dr. WINSTON Mc GOWAN as Cricket Ombudsman pursuant to Section 17 of the Guyana Cricket Administration Act No. 14 of 2014 is unlawful, ultra vires, irrational, unreasonable, wholly in excess of jurisdiction, unreasonable, null, void and of no legal effect, in breach of the Guyana Cricket Administration Act No. 14 of 2014, in breach of and a denial of the principles of Natural Justice and legitimate expectations unless good and sufficient cause is shown to the Court why this Order Nisi should not be made absolute.
The judge stopped short of issuing an order of prohibition against Dr. Mc Gowan as the original order Nisi questions and virtually suspends the appointment of the Ombudsman.
The Cricket administration Act makes provisions in two instances for meaningful consultation between the Minister and West Indies Cricket Board (WICB), one being before the appointment of the Ombudsman is done and the other is before a date is set for the first Elections of office bearers.
The revised constitution clearly provides a definition for Consultation or meaningful consultation and outlines the stages or steps to follow and these are:
1. Indentify the persons or entity to be consulted. The communication inviting consultation must state the subject of the consultation and an intended date for the decision on the issue which is the subject of the consultation.
2. The person responsible for the consultation must ensure the each person or entity to be consulted, is given a reasonable opportunity to express a well considered opinion on the subject on which consultation is sought.
3. The person responsible for initiating the consultation must also prepare a written record of the consultation to be achieved (i.e carefully stored for future reference).
In the current situation, where the WICB, having never agreed to be a party to the Act, may very well ask to participate in meaningful consultation. Legal minds are suggesting that the Minister should have firstly received consent that the WICB would be a willing participant before they were entered into the Act as a party to be consulted. In fact, it is understood that the Select Committee had instructed that the Minister confirms the acceptance of WICB before entering their name as a party to the Act.
The WICB has continuously maintained that it does not interfere with the internal affairs of the shareholders and would not tolerate government interference or disbanding of its member and shareholder.
Each territorial Board is governed by its own rules with the Barbados Cricket Association and Trinidad and Tobago Cricket Board being incorporated through an act of parliament but it is important to note that it was the existing entity that was incorporated and all of its assets retained.
In the case of our Cricket Administration Bill, all of the assets of the GCB have been seized and placed into a new entity also called GCB. This formed the basis for the current Guyana Cricket Board’s legal challenge to the Act.
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