Legal challenge over Sports Ministry’s authority to send rugby team overseas

Under the instructions of its client, Uva Provincial Rugby Football Association Secretary Denzil Darling, the law firm Neelakandan & Neelakandan has issued a Letter of Demand to Sports Ministry Sports Development Director General Prof. Shemal Fernando. 

The letter instructs him to refrain from sending a national rugby team to represent Sri Lanka at a recently invited Asia Rugby international event, asserting that he lacks the mandate to make such decisions. 

The letter, dated 5 September 2024, and sent via registered post, stated: “The Ministry of Sports possesses no authority to send a team to any international tournament representing Sri Lanka.” 

This formal communication emphasises that the Ministry’s actions regarding the selection of a national rugby team for an Asia Rugby international event oversteps its legal boundaries.

The letter further stated: “Without holding the AGM of SLR and electing SLR’s office bearers, the Ministry of Sports is seeking to appropriate the functions of SLR unto itself, and the Ministry of Sports seeking to send teams representing Sri Lanka to international rugby tournaments without taking steps to conduct the AGM of SLR would be tantamount to a blatant act of political interference, regarding which Sri Lanka has already been sanctioned by World Rugby.”

The letter was also copied to Sports Ministry Secretary K. Mahesan, and National Olympic Committee of Sri Lanka Secretary General Maxwell De Silva. 

It emphasised that World Rugby, the international governing body for rugby, mandates that national rugby associations must operate free from undue political interference. Additionally, since rugby is an Olympic sport, this principle is further reinforced by the Olympic Charter, which advocates for the autonomy of sports bodies. 

The letter, which is in the possession of the Daily FT, also stated: “We are instructed to demand and we hereby demand that you forthwith take steps to conduct the AGM of SLR to elect its office bearers and to refrain from sending any rugby football team to represent Sri Lanka until such time the office bearers of SLR are duly elected at the AGM.”

“We are also instructed that, in the event of you failing to adhere to the aforesaid demands, our client would be compelled to seek appropriate legal recourse without any further notice to you.”

On 29 May 2024, the then Sports Minister Harin Fernando issued a gazette notification suspending Sri Lanka Rugby (SLR) for failing to conduct its Annual General Meeting (AGM) within the timeframe required by the country’s Sports Law. The notification granted Director General Prof. Shemal Fernando the authority to oversee SLR’s affairs, with specific instructions to ensure that the AGM was conducted and new office bearers were elected.

However, Prof. Fernando soon faced controversy when he attempted to call a Special General Meeting (SGM) without adhering to the required 14-day notice period, showcasing his unfamiliarity with the SLR Constitution. This led seven Provincial Councils, members of SLR, to seek intervention from the Court of Appeal, a case that remains ongoing.