Court Dismisses GCB Petition

Date Published: 
31-Dec-2011
Source: 
Guyana Chronicle
Author: 
Guyana Chronicle Staff

ACTING Chief Justice Ian Chang last Friday dismissed a motion filed by the Guyana Cricket Board (GCB), which sought to have the formation and later on execution of duties by the Interim Management Committee (IMC) nullified.

According to Attorney General and Minister of Legal Affairs Anil Nandlall, Chief Justice (ag) Chang dismissed all matters and orders sought by the GCB, who challenged the implementation of the IMC which was set up by Minister of Sport Dr Frank Anthony and is being headed by former Guyana and West Indies skipper Clive Lloyd.

In an invited comment, Minister Nandlall said he doesn’t think the Court had any other choice but to dismiss the matter, due to the fact that the establishment of the IMC to manage the affairs of the cricket until a proper legal structure is put in place, was done following recommendations by the Judiciary.

The Chief Justice had no choice but to dismiss the matter, simply because the establishing of the IMC to manage the affairs of cricket in Guyana is an action taken by the executive through the Ministry of Sport in giving effect to recommendations made by the Judiciary through the Chief Justice.

Minister Nandlall was referring to the Chief Justice’s ruling, part of which states “It is a matter of common knowledge that there exists a Ministry responsible for Sport in general. This indicates that the State has assumed responsibility for the welfare, promotion and proper administration of sports in Guyana and that, since in the present state of affairs, while a legislative structure for the administration of cricket is desirable, there may be the immediate need for the Minister responsible for sports to impose his executive will in the national interest until such time as Parliament can provide a more permanent welfare structure.”

Minister Nandlall added, “The Chief Justice was at the time, giving judgment in a certain High Court proceedings which was filed challenging among other things, the election of office-bearers to an entity known as the GCB. The Chief Justice in his pronouncement clearly stated that the entity calling itself the GCB has no legal personality and its constituent’s membership also has no legal personality and therefore the court cannot recognise that which does not exist in law.

In the circumstances, the Court refused to recognise the election by which those persons were elected to fill an office in an entity which the court describes as a legal non-entity and in these circumstances it was not surprising that the legal challenge was dismissed.

Apart from Lloyd, the other members of the IMC are Norman McLean, Edward Luckhoo, Harry Parmesar, Anthony Xavier and Permanent Secretary within the Ministry of Sport, Alfred King, while Minister Anthony told a press briefing that president and treasurer of the Berbice Cricket Board Keith Foster and Anil Beharry were identified as the County’s representative on the IMC.

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