CWI Attorney argues for members to consider barring GCB from voting at CWI elections

Mar 29, 2021 Sports

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• GCB President sites non-compliance to correct financial procedure for aborting AGM

Kaieteur News- An Attorney representing Cricket West Indies (CWI) here in Guyana has put together a document which has been circulated to members of the regional board looking in-depth into the cricket administration here.
In the document seen by Kaieteur Sport, the conclusion of the missive calls for Guyana to be barred from voting at the CWI election due to what the attorney cites as the status of the GCB and those representing it currently.
“We are of the firm view that there is currently no lawfully appointed Guyana Cricket Board.
The impact of this state of affairs ought to be considered by the Board, especially to consider whether the GCB can vote in the upcoming elections. Additionally, consideration ought to made as to whether any person who unlawfully holds themselves out to be a Board member of Cricket
West Indies offends any other law outside of Guyana. This opinion ought to be circulated to all member boards for their information and action if needed.”
This very impacting conclusion was preceded by a lengthy description of the issues surrounding the problems affecting the Guyana Cricket Board (GCB) and the various legal challenges and moves by the Government of Guyana to bring some semblance of normalcy through the Cricket Administration Act and the appointment of a Cricket Ombudsman to get the problems fixed for election to be held.

In making his case the Legal Counsel asked the question: “What is the status of the GCB and its executives?”
In response surmised: “The GCB is a non-profit statutory body corporate, established by the Guyana Cricket Administration Act (the “Act”). The Guyana High Court ruled that the election of the executive body of the GCB at the Annual General Meeting held on January 28, 2018 was unlawful, null, void and of no effect and has ordered that the first elections of the GCB must be held in accordance with the Act, ruling that there are no validly elected executive members of the GCB. This order has not been stayed.
Subsequently, the Court of Appeal in a parallel matter to reinstate the Executive of the Guyana Cricket Board on consent by the Attorney General on an interim basis pending the determination of the Guyana High Court’s ruling, which was subsequently discharged. During the pendency of those proceedings, the GCB purported to have elections to renew its term. There is currently a court proceeding seeking to challenge the legitimacy of those elections.
It is our view based on the rulings of the Court previously issued, and despite the pendency of the aforementioned actions i.e. the appeal and the action to determine the legitimacy of the January 2020 GCB election, the election held by the GCB in January, 2020 is void and unlawful and of no effect. Moreover, the Court has ruled that there is no continuity of GCB office bearers under the Act, and accordingly, given the re-instatement of the Act, there can be no current GCB executive.”
It must be noted that several players in the equation have been functioning to administer cricket in Guyana and whether their functioning is valid is a question for the court of law and its legal minds. However, Vice President of the GCB, Drubahadur late yesterday issued a statement giving reasons for their no-show at the scheduled AGM and alluded to efforts being made as was earlier pointed to in this article to have them barred from voting.
Drubahadur stated in the release: “As the Vice President of Guyana Cricket Board and an appointed representative of the GCB, at all CWI General Meetings, it is unacceptable to condone the numerous breaches of the CWI articles of association on financial matters and governance issues.”
“The GCB has written to CWI corporate secretary on numerous occasions regarding the conduct of the AGM of 28th March especially as it relates to the financial matters, and the responses were unacceptable with adversarial views as we maintain that only shareholders can alter the Articles of Association. I am aware of all the required standards for financial accountability and would endeavor to adhere to them.”
“The GCB is also reliably informed that plans are being formulated to attempt to debar the GCB of its voting rights as a CWI shareholder. We were made aware of a legal opinion sought by CWI without board approval from a source that is compromised on the matter of Guyana’s situation regarding the Cricket Administration Act. We are prepared to stand our ground until there is full compliance with the CWI articles,” the release concluded.
The GCB election is set for today, whether they will be held or not is anyone’s guess.

 

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