Sri Lanka Supreme Court rules almost all provisions of SLC reform bill as constitutional

Sri Lanka's Supreme Court has ruled that almost all provisions of the proposed Sri Lanka Cricket (SLC) reform Bill are consistent with the Constitution, clearing a major legal hurdle for sweeping changes to the administration of cricket in the island nation.

The court identified constitutional concerns with only two clauses of the proposed legislation and recommended amendments that would allow Parliament to pass the Bill with a simple majority.

Speaker of Parliament Jagath Wickramaratne announced the Supreme Court's determination on November 12, following legal challenges to the proposed reforms.

If the recommended amendments are not incorporated during the committee stage, the legislation will require a two-thirds parliamentary majority for passage.

𝐓𝐰𝐨 𝐜𝐥𝐚𝐮𝐬𝐞𝐬 𝐟𝐥𝐚𝐠𝐠𝐞𝐝

The Supreme Court found that Clause 29 of the Bill was inconsistent with Article 14(1)(c) of the Constitution, which protects freedom of association.

The provision originally sought to terminate the memberships of existing SLC members when the new legislation came into force.

Under the recommended amendment, existing members would become general members of the reconstituted organisation and receive 30 days to apply for registration under the new membership categories.

The court also found that Clause 7(1), concerning eligibility for appointment as a director, was inconsistent with Article 12(1), which guarantees equality before the law.

The original provision disqualified individuals who had provided financial services to SLC but did not apply the same restriction to other professionals. The proposed amendment would extend the restriction to those who had provided professional services to the organisation.

The court determined that the remaining provisions were not inconsistent with the Constitution.

𝐍𝐞𝐰 𝐠𝐨𝐯𝐞𝐫𝐧𝐚𝐧𝐜𝐞 𝐬𝐭𝐫𝐮𝐜𝐭𝐮𝐫𝐞

The proposed legislation seeks to establish Sri Lanka Cricket as a statutory body operating under a dedicated legal framework, separate from the Sports Law of 1973.

Under the proposed structure, the organisation would be governed by a 14-member board comprising seven independent directors selected for their professional expertise and seven elected representatives from member clubs and provincial associations.

At least two of the independent directors would have to be women, while the chairperson would be selected from among the independent members.

The reforms are intended to introduce greater professional oversight and reduce the concentration of administrative power within the organisation.

The Bill also proposes a new nominations process for independent directors, with appointments based on professional qualifications and experience.

𝐒𝐭𝐫𝐨𝐧𝐠𝐞𝐫 𝐟𝐢𝐧𝐚𝐧𝐜𝐢𝐚𝐥 𝐨𝐯𝐞𝐫𝐬𝐢𝐠𝐡𝐭

The proposed law includes provisions for greater financial accountability, including audits of SLC's accounts by the Auditor General.

A compliance officer would also be appointed to report directly to the board, strengthening internal monitoring and adherence to governance requirements.

The reforms seek to address longstanding concerns over the administration of Sri Lankan cricket, including allegations of financial mismanagement, political interference and weaknesses in institutional accountability.

The Supreme Court also considered whether creating a separate legal framework for cricket would violate constitutional guarantees of equality.

It accepted that the sport's financial scale, international obligations and governance requirements provided grounds for separate legislation.

The court further observed that the proposed framework would narrow certain powers of government intervention compared with the existing Sports Law.

𝐋𝐞𝐠𝐚𝐥 𝐜𝐡𝐚𝐥𝐥𝐞𝐧𝐠𝐞𝐬 𝐭𝐨 𝐫𝐞𝐟𝐨𝐫𝐦𝐬

The proposed legislation faced legal challenges, including a petition from former SLC president Thilanga Sumathipala.

Several former national cricketers and other stakeholders supported the reforms, arguing that changes were necessary to improve transparency and accountability in the administration of the sport.

The Supreme Court examined objections relating to membership rights, the appointment of directors, government involvement and the proposed transfer of administrative authority.

It also rejected arguments that the new framework would automatically jeopardise Sri Lanka's membership of the International Cricket Council.

The court's determination has now placed the responsibility for advancing the legislation with Parliament.

If lawmakers incorporate the recommended amendments, the Bill can proceed with a simple majority, potentially introducing one of the most significant changes to Sri Lanka's cricket governance structure in recent years.