The Male' Football Club, have challenged the legitimacy of the recent FAM elections. The elections were conducted, supervised and endorsed by the FIFA. This is the second time the FAM have been challenged in this manner. The first was in 2006.
Speaking to journalists after last month's FAM elections, the FIFA Representative Dato' Paul of the AFC claimed he hoped more clubs will be allowed to vote next time around! He was responding to the criticism that over two thirds of member clubs were excluded from voting. The FIFA somehow claimed 11 voting members were enough to legitimise the process.
The FAM was managed by a FIFA appointed interim transitional committee at the time. I have claimed the FIFA committee was in breach of it's Article 17 which required "members" rather than selected "individuals" to comprise this committee.
In this latest challenge to the legitimacy of the FAM, Male' FC claimed in court the legal requirement that the Ministry of Sports, as the founder, failed to get approval for it's amended statutes prior to the association's elections. The law requires the Registrar of Clubs and Societies' to approve the proposed statutes prior to the elections.
Male' FC's claims have sent jitters through the "beneficiaries" of the these rogue elections. More specifically those of the FAM.
The architects (FIFA Official Dato' Paul and the subsequent Interim Committee) and the beneficiaries, the newly "elected" President and Executive Committee (financed by Gayyoom's fledgling autocracy) appear silent. The case had it's first hearing Tuesday 19 August.
While the FAM is maintaining an eerie silence on the issue, the Sports Council is reported to have been unavailable for comment. The government ministry which hosts the Registrar of Clubs and Societies have however blundered as usual!
Wednesday's Haveeru Daily reported the Ministry of Home Affairs as saying the statutes have "now" been approved. But the elections were held almost a month ago. The Ministry went on to make the feeble claim that there was nothing in the law that specified elections conducted prior to the Registrar's approval of the statutes were not valid.
The Registrar himself have however been silent. He had earlier confirmed to Male' FC in writing, that the statutes were not approved by him prior to the elections.
Amateur football player and lawyer, Shameem challenged the legality of this shaky sport institution for the first time in 2006. He was representing ex-national captain Kuda Heena at the time.
Kuda Heena's case originated from claims made in court to re-gain lost salaries and re-claim his coaching job. The FAM Disciplinary Committee had refused his salary and prohibited further employment as a football coach after accusing Heena of inciting dissent in a league match that year.
The strategy adopted by lawyer Shameem at the time was to question the legitimacy of the unelected government appointed FAM to hand down such a sentence on coach Kuda Heena. Shameem questioned the legal foundation of the association. He proved the association was not constituted in line with the new Articles of Association of 2003 which gave voting rights to all FAM members.
The court ruled in favour of the FAM!
Maldives courts of law were firmly controlled by the executive in 2006. Judge Ali Sameer will be quite aware of his ruling.
At the time, the court claimed the legal status of the FAM was in jeopardy due to the negligence of the Registrar rather than the FAM.
The Registrar was caught dragging his feet past the transitional 12 months stipulated in the amended Articles of Association.
Judge Ali Sameer maintained in 2006 that the FAM can hold elections only after the Registrar approves the statutes. This is exactly what Male' FC Lawyers, Shahudhee and Riffath is arguing for. It should be interesting to see what the present Judge Ibrahim Mahir comes up with this time.
The Gayyoom appointed FAM and the Gayyoom appointed Registrar were sent home with a slap on the wrist and a stern warning to follow the law by the Gayyoom appointed Judge.
FAM settled out of court. Kuda Heena was paid his dues and allowed to return to his coaching job. The public pressure for reform forced the FAM to relent.
Kuda Heena's case set a precedent the court is sure to consider when dealing with this new case.
At the time, the Registrar escaped the wrath of the civil court on a requirement of the Articles of Association that stated the FAM can go ahead with elections only after the Registrar have approved the amended statutes.
The court ruled that no time frame was imposed by the law on the Registrar to approve the proposed statutes in spite of the fact that the law required existing clubs and societies to to hold fresh elections within 12 months from the date the law was passed. The deadline expired in May 2004.
Today, it is "post-ratification"! An amended national constitution that separated the judiciary from the executive was ratified only two weeks ago on the 7th of this month.
It is poetic justice that this time around, Shameem is arguing that the rather undemocratic "technicality" on which he lost his previous case in 2006 is exactly why the FAM should loose it's case this time "post ratification". The Registrar is again at the heart of the controversy.
The government appointed Registrar protected the government appointed FAM in 2006. The government appointed Registrar is now singing a different tune "post-ratification". We will find out how the newly independent judiciary performs this time.
The Minister of Home Affairs who hosts the Registrar's office is livid! The Minister appears to be overriding the Registrar with his recent comments to Haveeru Daily. The Registrar have been quiet on the issue after admitting he had not approved the FAM Statutes.
The next hearing is scheduled for Thursday 28 August.
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