But what happens when a government agency does not seem to follow the laws passed by the Parliament?
That is the question on the minds of many when it comes to the National Sports Council (NSC).
Let's take a look at the NSC Act 1971.
Sections 3, 4 and 5 of the Act focus on the Council, its functions and members of the Council.
What interests many is Section 5(3)(b) of the Act, which states the Council shall consist of "three representatives nominated by the Olympic Council of Malaysia (OCM)."
But the question of who the three representatives are remains one that even OCM is finding difficult to answer.
Two — OCM president Tunku Imran Tuanku Jaafar and vice-president Low Beng Choo — sit on the NSC's Board of Management and not the Council. The Board and Council are two separate entities as clearly distinguished in Section 6 of the same Act.
Even if certain quarters suddenly claim Tunku Imran and Beng Choo are on the Council, the third representative remains 'missing.'
OCM secretary-general Datuk Sieh Kok Chi (pic) could only afford a smile when this was brought to his attention.
"Laws are made to be followed," was his brief reply.
However, Kok Chi's assistant T. Kumar was more generous with his thoughts.
A lawyer by profession and having studied the NSC Act 1971, Kumar acknowledged OCM does not have three representatives on the Council.
"It's something we have discussed during our meetings and we find it odd the Council is able to operate without proper representation as stated in the Act of Parliament," said Kumar.
"It even raises the question to who now advises the minister, who is also the chairman of both the Board and the Council. Is the minister well aware of this situation?" he asked.
Questions were emailed to Youth and Sports Minister Datuk Seri Ahmad Shabery Cheek with copies sent to several other officials within the ministry last week. Sadly, there has not been a response since.
Kumar rightfully pointed out that the Parliament enacted the Act with specific intentions as the opinions of all stake holders were taken into consideration.
"Decisions made by the Council has to also be made by each State Sports Council. The input should be from the grassroots to the higher level and not the other way around. The Act says so."
These decisions should also benefit the masses and not just the elite few. The minister should look into this as a lot of money is spent on researching how our sports industry can grow.
"It's not just scrutinising the administration of sports associations but also looking into how NSC is being run.
"Perhaps it is high time for the NSC Act 1971 to be reviewed," he concluded.
Perhaps.
As former US President Theodore Roosevelt once said: "Obedience of the law is demanded; not asked as a favour."
● Haresh Deol is a Senior Journalist with The Malay Mail. He loves listening to Elvis Presley's Clean Up Your Own Backyard. He blogs at www.hareshdeol.blogspot.com and prefers receiving brickbats through email instead of SMS at haresh@mmail.com.my.
I think there are flaws in many of the legislation as pointed out by OCM lawyer T Kumar. I think even the Sports Development Act also need to be amended to empower the Sports Commissioner. In the SDA, OCM is under the SC jurisdiction and defined as a sport body. However OCM does not agree, the argument is that they are above the law. Yes above the law, the argument is OCM are founded under the Olympic Charter and as such they are a non political non religiopus body and no Government agency can tell them off. It is because of this they have been getting away with Blue Murder and OCM is a kingdom by itself ruled by an Emperor with a Prince towing along.
ReplyDeleteFor starters T Kumar should examine the OCM constitution especially on the part where OCM refuses to accept Sports Body in their fold recognised by the International Federation. Instead they put in members who have no right to be there in the first place.
T Kumar before you start throwing stones on NSC backyard, please have a good hard look in the mirror whether OCM is following their own constitution. Can you also explain why under the Charter the age of retirement is 70 but you chaps allow those above 70 still hang around OCM. Yes Haresh Deol song ' Clean Up Your Own Back yard is so appropriate.
T Kumar you are now the Emperor assistant ka? Wah! now you studied the NSC Act 1971, so you are an expert in the Act ka? Dei have some dignity la, don't be the Emperor petting boy dah! The Emperor say Law are to be Followed but you fellow never follow your own constitution. Like what Elvis commented, you tell us whether it is true or not? Dei Thamby , Beng Choo also is a lawyer dah and she never try to be holier than thou. She also dare not say anything because the old Emperor is too powerful la. Don't action as though you know sports law. Podah!
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