Tuesday, January 25, 2011

UNCONSTITUTIONAL ?



I have taken the liberty to copy and paste some portions of the Malaysian Hockey Federation (MHF) constitution as approved on October 22, 2010. The amendments to the constitution was done on September 4, at an EGM called by the MHF.

The "butchered" constitution is now led to the decisions of the MHF being unlawful and can be challenged. Let us go step by step, reading the constitution as it has been prepared and highlight the flaws that need to be corrected.

The only hope is someone within the closed circle of HRH Tengku Abdullah Sultan Ahmad Shah, the President of MHF, prints this article for Tuanku to read and digest.

Firstly we ought to read the definition of CONGRESS, and it says:

(a)       the elected Office-Bearers of M.H.F who are elected at a General Meeting namely.
(i)        the President;
(ii)       the Deputy President;
(iii)      6 Vice-Presidents (including one each from Sabah and Sarawak);
(b)       Appointed officials of M.H.F namely
(i)        the Independent Delegates as appointed by the President;
(ii)       the Secretary and Assistant Secretary;
(iii)      the Treasurer and Assistant Treasurer;
(iv)       the Chairmen of M.H.F Committees.
(c)       2 delegates from each Affiliate.

So for those who understand simple English, it simply means that the Congress is the supreme body of MHF, and it is in plain English the body that holds court in the AGM, BGM, EGM, whatever you may want to call it. Now let us look at the following article and digest it:
AR                            
AR                            CONGRESS AND CONGRESS MEETINGS

The Congress inter alia shall appoint the following Committees and any other Committee which the Congress finds necessary

The Congress inter alia shall appoint the following Committees and any other Committee which the Congress finds necessary:

(i)        Development Committee
(ii)       Coaching Committee
(iii)      Umpiring Committee
(iv)      Competitions Committee
(v)       Selection Committee
(vi)      Finance Committee
(vii)     Disciplinary Committee
(viii)    Legal and Special Projects Committee
(ix)      Others

It is within the jurisdiction of the Congress to form the Committees. Notice there is no such  thing as the Media Committee, National Team Management Committee? So how did these Committees come into existence? And if they were necessary, then why were they not included in the amendments to the Constitution? Nor were there any proposals from the floor or affiliates for the formation of such Committees.

Next we move to the composition of the Committees as defined in the constitution. If one were to read Rule 17, it says that the Committees shall consist of a Chairman and 8 Members, making it 9 in total.

ARTICLE 17 - COMMITTEES

Rule 17                   

The principle function of each committee shall be for the development and promotion of hockey in Malaysia. Committees; such as Development, Coaching, Umpiring and Competition shall consist of a Chairman and 8 members.The 8 members shall be appointed by the Chairman with consultation of its committee and the list shall be endorsed by the Management Committee.

Hence it is clear that only 9 (nine) shall be the composition of the Committees. But if one  were to read the roles of each Committee, it says " the Committee shall comprise of all Chairmen of the respective STATE committees. So whoever did the constitution has failed to omit key words in the old constitution and has thus left it open to interpretation. 

DEVELOPMENT COMMITTEE
The Development Committee shall be responsible for the development and promotion of hockey under the M.H.F. Development Programmes. This Committee shall comprise of all Chairmen of the States Hockey Development Committees;  

COACHING COMMITTEE
The Coaching Committee shall be responsible for recommending to the Management Committee for the appointment of coaches at all levels. The Committee shall comprise of all Chairmen of the States Hockey Coaching Committees. It shall also be responsible for the development of coaching at all levels;

UMPIRING COMMITTEE 
The Umpiring Committee shall oversee the functions of umpires which includes updating umpires with the latest rules and regulations of hockey as provided by the F.I.H. The Committee shall comprise of all the Chairmen of the States Hockey Umpiring Committees/Board.  

COMPETITION COMMITTEE
The Competition Committee shall organise and manage all national competitions. The Committee shall comprise of all Chairmen of the States Hockey Competition Committees and shall be responsible for all technical aspects of competitions;

In conclusion, the composition of the Committees must return to status quo, that is all state chairmen to be members, until another EGM is held to correct the flaws. Also note that no where in the constitution does it state that there can be a half term (two years) as advocated by some Committees such as the Competition and Coaching Committee.