Dear Editor,
The embattled Guyana Cricket Board officials may have thought that the dark days were over when the Caribbean Court of Justice ruled that the Court of Appeal of Guyana must hear their case. This was not to be as almost five months have elapsed and the Court of Appeal of Guyana is yet to fix a date for hearing despite many reminders and requests being sent to the Court of Appeal for a hearing. I should state that the CCJ heard and delivered judgement in this matter in less than two months.
The Caribbean Court of Justice, recognising that this matter is of great national and regional importance ruled that “Due to the seriousness of the issues and the urgency of the matter this court most exceptionally will exercise the power of the Court of Appeal in the following manner”. The CCJ went on to state in item 42 of its ruling that “This court grants the appellants an extension of time until fourteen days from the delivery of this judgement to file a notice of appeal from the order of Chang CJ (ag) of 29 December 2011, providing the Appellants within seven days of the delivery of this judgement file with the Registrar of the Supreme Court a motion seeking such an extension. Such motion shall be supported by affidavit exhibiting a copy of this Court’s judgement as justification for such extension of time. Upon compliance with these conditions the notice of appeal shall reflect that it is filed pursuant to an order of this Court granting an enlargement of time”.
Through our lawyers Sir Fenton Ramsahoye and Mr. Sanjeev Datadin the GCB complied with all of the requirements within the time frame specified.
Subsequent to the Minister of Sport in Guyana, Frank Anthony issuing an edict that the GCB, an unincorporated sport organisation, be disbanded because it has no legal identity, the GCB had asked that the court declare that the minister does not have the right to disband a private entity.
The Government of Guyana, through its Attorney General, also proceeded to file court documents to seize the GCB assets on a principle of “Bona Vacantia” (ownerless property). This matter is still pending even though the CCJ also ruled that “it is trite law that the members for the time being of an unincorporated association are beneficially entitled to its assets, subject to the contractual arrangements between them”.
I, as a representative of the GCB in this appeal, am of the opinion that such delays are unacceptable since not only the cricketers and officials are suffering but the nation as a whole. Guyana is being deprived of international cricket, coaching and developmental programmes, regional fixtures and shortly a stake in the WICB T20 League. Our youngsters continue to suffer because of the suspension of the grass root and kiddies cricket programmes. The International Cricket Council recently issued a Three Million US Dollars grant to the region. Will we be deprived of the benefits this will bring about?
I appeal to the Government and the Court to let better judgement prevail.
Yours faithfully,
Robin Singh
