T&T Cricket Board (TTCB) member and former national cricketer Zaheer Ali is calling for the elections of the TTCB to be held within two months, after a delay of 18 months thus far.
Ali, who has been very vocal on the constitutional battle that the board has been embroiled in with the representatives of the National Cricket League (NCL) clubs said that there is a need for the President of T&T Justice Paula-Mae Weekes, to appoint a committee to conduct an: 'Independent and impartial review of the TTCB legal and constitutional framework because the ‘sport of cricket’ is a public good.
“I strongly advise that serious consideration should be given to approaching the High Court of Justice in keeping with the persuasive authority in the case of the Board of Control for Cricket India (BCCI) 2014, 2015 or Her Excellency Madam Justice (RT) Paula-Mae Weekes President of the Republic of T&T and Patron of the TTCB to appoint an ‘Independent Committee’ to conduct an impartial and independent review of the TTCB Legal and Constitutional framework with the aim of speedily addressing the contentious issues before the Court and in keeping with good governance principles and fairness to all stakeholders. I further advise pending the agreement of the Claimants and Defendants in the ongoing Judicial Review Proceedings coupled with the approval of the High Court of Justice that the TTCB elections which has been on hold for approximately eighteen (18) months to date, be held within two (2) months in accordance with the existing TTCB legal and Constitutional framework to promote legal stability and good administration in keeping with the persuasive authority in the case of the Board of Control for Cricket India (BCCI) 2014, 2015.”
Ali also added his two cents in the ongoing discussion of the implementation of the IRC report by the TTCB executive. “Ratification of the breaches of the TTCB Constitution in the appointment of the IRC and its terms of reference is not an option.
He pointed out that, “The breaches of the TTCB Constitution and the conduct of certain members in the appointment of the IRC and its terms of reference particularly number (iv) re: the TTCB must meet within 10 days of the receipt of the report to make a final determination on it recommendations’ apart from being ultra vires could be successfully argued as unfair, improper and oppressive towards other members/shareholders of the TTCB. To reiterate and demonstrate how the respective members acted outside the TTCB Constitutional and legal framework and unfairly, improperly and oppressively, there was no notice or disclosure of the resolution prior to the Special Meeting dated August 10, 2017 at which the IRC was appointed which was a mandatory and fundamental requirement of the TTCB Constitution Article 13.02, principles of natural justice and procedural fairness and respect for due process and the rule of law."
He continued: “Additionally, and of great significance, when one considers the nature and intent of the resolution, its terms and reference and the potential for futuristic impact on the sport, TTCB, existing rights, privileges and interests of members and other stakeholders, it was essential in keeping with the principles of natural justice and procedural fairness that all parties be properly informed and afforded a fair opportunity to be heard and actively participate in the appointment of the IRC and formulation of the resolution terms and reference in keeping with the TTCB Constitution particularly, Article 29. Notwithstanding the above, the constitutional breaches and unfair, improper and oppressive conduct were highlighted in good faith by certain members at the Special Meeting dated August 10, 2017 at which the IRC was appointed and were subsequently brought to the attention of the TTCB General Secretary and the IRC for their immediate and corrective actions and which would have constituted actual and constructive notice of the breaches."
Ali lamented that, “As a consequence, the parties should have exercised due diligence and care or caused the constitutional breaches to be ratified at a subsequent meeting, within a reasonable time and before the IRC embarked on the review or took any actions. Additionally, the parties should not have relied on the presumption of regularity in the appointment of the IRC or to enjoy any rights or privileges or authority.”
