Harin Fernando violated the Sports law by issuing a backdated gazette notification to allow further period to approve the audited accounts, despite the financial mismanagement at Sri Lanka Cricket Board (SLC).
One of the main prospective of the establishment of the Sports Law in Sri Lanka was to insure good governance and to make sure that the elected bodies of all 64 Sports Association in the country functions transparently, particularly in handling finance.
However, current Sports Minister Harin Fernando issued a backdated gazette notification in his attempt to cover up the unethical calling of Sri Lanka Cricket Board (SLC) Annual General Meeting (AGM), that eventually took place on 12th May 2019.
The most shocking fact is that a day before the AGM, former SLC secretary and one of the stalwart of Sri Lanka Cricket Nishantha Ranatunga wrote a letter to Harin Fernando and clearly explained him how the calling of the AGM by SLC is itself unethical, as the board could not circulate 2017/18 audited accounts to its stakeholders.
“It has been observed that the executive committee of Sri Lanka Cricket has failed to produce the audited financial statement in respect of the proceeding financial year. As you are aware, it is a statuary requirement under regulation number 7(xv) vides national association of Sports regulations no. 1990/23 dated 26th October 2016 made under the Sports Law no. 25 of 1973” Nishantha’s letter, dated 11th May, reads.
The letter further stated that in this scenario, holding the AGM was a violation of country’s Sports Law.
“It is further a mandatory requirement in accordance of the constitution of the Sri Lanka Cricket, according to section 16 article (b).
As holding the said AGM is a clear violation of of the Sports Law of no. 25 of 1973 and the constitution of the Sri Lanka Cricket. We gave formally submitted our objection for holding the said Annual General Meeting (Annuexure 1)” letter reads.
Nishantha, at that time itself, had further warned Sports Minister to adjourn the AGM, stated that it would create a wrong precedence in the country for other national Sports associations and Sri Lanka Cricket member clubs to conduct similar deeds.
“As a long standing controlling club of Sri Lanka Cricket, we seek your intervention to prohibit the executive committee of the Sri Lanka Cricket from holding the said annual general meeting scheduled for the 12th May, as it violates Sri Lanka Sports Law and the constitution of the Sri Lanka Cricket. Holding the said annual general meeting will create a precedence in the country for other national Sports associations and Sri Lanka Cricket member clubs to conduct similar deeds and to continue to violate the Sports Law of Sri Lanka which the ministry of Sports is entrusted to uphold. Further, having an Annual General meeting without tabling the audited financials of the proceeding year will violate the rights of the Sri Lanka Cricket membership” the latter reads.
However, even after all these, Harin Fernando allowed SLC to conduct the said AGM on scheduled date 12th May 2019. Though, as Nishantha had rightly raised questions, the SLC could not tabled 2017/18 audited accounts, hence the board were forced to adjourn the AGM and left it open for another date.
After that, on June 28th, Nishantha again wrote a letter to Sports Minister, and reminded him of holding an illegal AGM.
In reply, Sports Ministry informed Nishantha that a new regulation has been gazetted under the Sports act, therefore all Sports bodies which are registered under the Sports Law of Sri Lanka could be act as per the new regulation with regard to the annual general meeting and audited accounts.
In the new regulation, only to give a lifeline to SLC and cover-up it’s failure to table 2017 audited accounts in 2019, Sports Ministry added a new provision that reads:
“In the case of a national Sports association, which has failed or defaulted submitting previous year’s audited accounts, financial statement of the relevant year should be submitted to the Auditor General’s Department before 31st August.”
In December last year, Harin Fernando had arrived as a Messiah with big promises of cleaning up the SLC. The same Harin Fernando, Six months later, issued a backdated gazette notification, covering up the inability of SLC of not tabling 2017/18 audited accounts even in 2019 AGM!
In this scenario, there is no surprise that all the financial irregularities, that took place in last two years at SLC, are yet to be identified. To make things worse, the much awaited forensic audit report of SLC has also not been tabled on parliament even after more than six months.
