Elite league matter is closed – GFF

Apr 16, 2017 Sports

FIFA and CONCACAF, concur

The Executive Committee of the Guyana Football Federation notes with consternation the adverse ruling against it by the Disciplinary Committee in the matter of a complaint made by four Elite Clubs.
While the Executive Committee fully respects the independence and role of the Disciplinary Committee, it is our position that this matter does not fall within the jurisdiction of that Committee, as was formally communicated to the Chairman at the outset.
The governing bodies, FIFA and CONCACAF, have confirmed that the Executive Committee acted fully within its rights and powers, as clearly laid out in the GFF Constitution; that no breach to the Constitution occurred, and that no change to the Constitution was required in order to expand the League as was stated in respective correspondences from CONCACAF dated November 8, 2016 and FIFA, February 1, 2017.
Article 36.2.i of the Constitution states that it is within the powers of the Executive Committee to “draw up regulations governing the conditions of participation in and the staging of competitions organised by the Federation, including the playing schedule. This shall not affect the composition of the Congress.”
In addition, the four clubs that chose to boycott this season’s League were in violation of Article 13.1.c of the Constitution, which states that members are obliged “to take part in competitions (if applicable) or other sporting activities organised/approved by the Federation.”
As a consequence of this breach of the Constitution, which automatically meant the clubs had chosen not to be in good standing with the GFF, CONCACAF was forced to take the very difficult decision to exclude those clubs from this year’s regional competition.
It is vital that all of our members are fully familiar with, and willing to abide by, the full content of the Constitution, as we seek to reform and rebuild football in Guyana.
The GFF Executive Committee is working hard to restore the image of football in Guyana, and to lay sustainable foundations for a professional, accountable and successful future for football, through reform, respect for the rules and careful investment in development and facilities.
We extend our full sympathy to the players – our number one priority – who have missed out on the opportunity of regional competition this year, due to the unconstitutional behaviour of the clubs in question. We are working to ensure that our best players can compete in as much international football as possible this year, in order to further their professional development.
A full copy of the Constitution can be found at: http://www.gffonline.com/wp-content/uploads/2015/07/2015-GFF-Constitution.pdf

Following is the written decision of the GFF Disciplinary Committee made up of – Mr. Sanjcev Datadin (Chairman), Ms. Natasha Vieira and Dr. Clement Mc Ewan.
The Decision of the Panel (on written submissions) The Disciplinary Committee invited and received written submissions from both parties in relation to the complaint.
Complaint. The Elite Leagues complained by letter dated 3″ December 2016 against the members of the Executive Committee of the Guyana Football Federation (hereinafter ‘`the Executive Committee”) that the latter had unlawfully changed the Elite League Rules and Regulations to allow Football Clubs that were not Elite Teams to participate.
The substance of the complaint is that the Executive Committee, without the approval of Congress purported to amend the Rules and Regulations of the Elite League to ten (10) members when the Guyana Football Federation Constitution (hereinafter “the Constitution) Clause 10 provides that there are eight (8) Elite League members.
Ruling. The Constitution can only be amended by Congress and the Executive Committee had no authority to unilaterally amend the Constitution in any manner whatsoever. The amendment to increase the Elite League Members from 8 Members to 10 Members was ultra vires the powers of the Executive Committee and is unlawful.
Orders for Disposal of Matter
I. The Complaint by the Elite Clubs is upheld.
2. The amendment to the Elite League Rules and Regulations by the Executive Committee is ultra vires and declared unlawful.
3. It is declared that there are eight (8) fixed Elite League Members as listed in Clause 10 of the Constitution and any change / amendment to Clause 10 of the Constitution must be made by the Congress.
The written reasons for the decision will be made available within seven (7) days.
This 14′ day of April, 2017.

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