THE battle for who are the custodians of the game of Cricket in Guyana has taken a new twist, after Chief Justice Ian Chang issued an order Nisi against Minister of Culture, Youth and Sport Dr Frank Anthony, following an affidavit which was filed by the Essequibo Cricket Board was heard.“IT IS ORDERED that an Order or Rule Nisi of Certiorari be issued, directed to the Minister of Culture, Youth and Sport to show cause why a Writ of Certiorari should not be issued, quashing the decision of the Minister of Culture, Youth and Sport to appoint Dr Winston Mc Gowan as Cricket Ombudsman, pursuant to Section 17 of the Guyana Cricket Administration Act No. 14 of 2014 on the ground and for the reason that the said decision to appoint Dr Winston McGowan as Cricket Ombudsman pursuant to Section 17 of the Guyana Cricket Administration Act No. 14 of 2014 is unlawful, ultra vires, irrational, unreasonable, wholly in excess of jurisdiction, unreasonable, null, void and of no legal effect, in breach of the Guyana Cricket Administration Act No. 14 of 2014, in breach of and a denial of the principles of Natural Justice and legitimate expectations unless good and sufficient cause is shown to the Court why this Order Nisi should not be made absolute, the order stays.”

According to the Cricket Administration Act (Schedule 1, Section 7), the “elections to the Executive Committee of the GCB in respect of the first elections shall be held in accordance with Section 17 on the date appointed in writing by the Minister, acting in consultation with the West Indies Cricket Board (WICB)”.
Part VII, Section 17 of the Act states that “the Minister, after meaningful consultation with the WICB, shall be responsible for the appointment of a Cricket Ombudsman, who shall be responsible for the verification of the Register of Clubs and for performing the functions of Returning Officer for the first elections of the membership”.
Attorney General Anil Nandlall in an invited comment by Chronicle Sport yesterday, pointed out that “pursuant to the said section, Minister Dr Frank Anthony wrote to the president of the West Indies Cricket Board on October 9 2014. No response was received. As a result, the Minister proceeded with the appointment of Dr Winston McGowan”.
“It is important to note that the West Indies Cricket Board was consulted while this Bill was in the National Assembly, at the Select Committee, and they agreed in writing that they will play a role in the appointment of the Ombudsman. In those circumstances, they were included in the Bill, in the manner outlined in Section 17,” the Attorney General said.
“I do not subscribe to the notion that the wilful refusal or inadvertent omission of the West Indies Cricket Board to participate in the appointment of the Ombudsman can render an appointment made without their participation, unlawful or illegal,” said Nandlall, who also holds the portfolio as Minister of Legal Affairs.
President of the Guyana Cricket Board Drubahadur had lashed out at the Cricket Administration Act, calling it fraught with numerous inconsistencies and contradictions and will create more chaos than which currently exists in the gentleman’s game, but, Nandlall said: “The truth of the matter is the Minister requested their input in accordance with Section 17 of the Act and they ignored it. In my humble view, it cannot be the law; the will of Parliament cannot be frustrated and defeated by the whims and fancies of the West Indies Cricket Board. Those who believe that the law is so fickle are mistaken.”
How the Government intends to handle the situation moving forward is not yet known, especially following the Chief Justice’s ruling last Monday.