Sugath Kulatunga

The controversy on the activities of the Sri Lanka Cricket Board (SLBDC) has gone viral. It is one issue which has involved all three pillars of the government, the executive, legislature and the judiciary. It has brought the warring political parties on common cause of saving the game of cricket. However, one aspect of this issue which is the role of the ICC is not revealed. It entails essential principles national sovereignty and good governance.

Although the ICC was London based the ICC memo And Articles were registered in the British Virgin Islands. Now the ICC headquarters are based in Dubai. The rationale for the location of organizations in Tax Havens does not need no amplification.

ICC deals only with a “National Governing Body” that is recognised by the ICC as the governing body responsible for the administration, management and development of Cricket in a Cricket Playing Country.

1. Among the Obligations of Members is to manage its affairs autonomously and ensure that there is no government (or other public or quasi-public body) interference in its governance, regulation and/or administration of Cricket in its Cricket Playing Country (including in operational matters, in the selection and management of teams, and in the appointment of coaches or support personnel); and
2. Adopt, implement and enforce within its Cricket Playing Country a set of regulations (including anti-doping and anti-corruption regulations) that are consistent with the Memorandum of Association, these Articles of Association, each Members’ Resolution that is passed, and the Regulations.

The consequences of any breach of these obligations are severe and if in the opinion of the Board of Directors of the ICC the membership of a member likely to be suspended with immediate effect where, in the opinion of the Board of Directors (in its absolute discretion), the Member is in serious breach of any of its obligations as a Member.

1.  Any suspension of a Member by the Board of Directors in accordance with Article 2.10(A) shall be subject to such terms and conditions as the Board of Directors may determine, including terms and conditions that the Member must satisfy (in accordance with a deadline specified by the Board of Directors) in order to have its suspension lifted (‘Reinstatement Conditions’). (It is noted that in the FIFA, which is a much bigger organization A suspension of a member association by the Congress requires a three-quarter (3/4) majority of the member associations present and eligible to vote).
2. Any Member that has its membership suspended under this Article 2.10 shall, unless the Board of Directors decides otherwise in its absolute discretion, and for the period of such suspension, be deprived of all of its rights as a Member (whether set out in these Articles of Association or otherwise), including its right to receive distributions of surplus ICC revenues, its right to participate in Events sanctioned by the ICC and its right to attend and vote at Meetings. The Register of Members will be amended to record the suspension. Any contractual or other obligations owed by that Member to the ICC which have accrued prior to suspension or under clause 11 of the Memorandum of Association shall continue to remain legally valid, binding and in full force and effect.
3. During the period of such suspension, the Board of Directors may make such arrangements for the governance, regulation and administration of Cricket in the relevant Member’s Cricket Playing Country as it sees fit, including (without limitation) exercising (or delegating to another to exercise) the rights previously exercised by the suspended Member to sanction (or not sanction) Cricket events staged in that Cricket Playing Country.
4.  If the suspended Member does not meet the Reinstatement Conditions in full by the specified deadline, and/or where the Board of Directors otherwise deems it appropriate, the Board of Directors may pursue termination of the suspended Member’s membership in accordance with Article 2.11.

The obligation of a member to ensure the prevention of government interference is a tall order. It infringes on the sovereign authority of a national government. In Sri Lanka Sports are regulated under the Sports Law of the country which is administered by the Minister responsible for the subject. Lawful directions given by the Minister are valid and cannot be considered as interference. The present predicament arose with the Minister appointing of an Interim Committee on cricket headed by Arjuna Ranatunga was appointment. The SLBDC has challenged it before the courts and allegedly canvassing the ICC to suspend the SLBDC by resorting to misinformation on the action of the Minister.

On the appointment of Interim Committees to replace National Boards of Control of cricket it must be noted that in 2013 Pakistan’s Prime Minister appointed an interim management committee (IMC) to supersede the Pakistan Cricket Board in order to reorganise the country’s cricket structure.

in 2020 in the midst of administrative and governance failures by Cricket South Africa an Interim Board was mandated by the Minister of Sport to reform CSA’s governance structure, while providing the usual oversight function over CSA’s operations.

In 2017, the Supreme Court of India held the powerful Board of Control for Cricket in India to account and appointed a special Board to overhaul the Constitution of the BCI and debarred the BCI amending its constitution without the permission of the SC of India.

In these radical interventions the ICI has not attempted to prevent the interventions by the government and the judiciary.

The ICI seem to operate like a secret organization where confidentiality is given high priority and members are prohibited to give out information on its proceedings. Even meeting papers, the agenda and minutes of meetings have to be kept confidential by all members. There is no such confidentiality provision in the FIFA rules.

The ICI is committed to uphold, respect and advance the unique culture, ethic and spirit of Cricket. But it has failed to even to ensure that the SLBDC fulfil the obligation to adopt, implement and enforce a set of regulations (including anti-doping and anti-corruption regulations) that are consistent with the ICC Memorandum of Association, these Articles of Association, each Members’ Resolution that is passed, and the Regulations. Instead, ICI has closed its eyes on the corruption, mismanagement and waste exposed by the Auditor General and the report of the committee chaired by a retired judge of the supreme court.

It seems that the SLBDC has been playing Pandu.