Monday, July 29, 2013
The MCF story, from AGM to EGM. Part 3.
Part 1. Here.
Part 2. Here.
What went wrong and who is responsible. This is very very important to understand first or the EGM will probably not bring any results towards the goal we want to achieve. The complaints were not only about Peter. Directly after Peter made his demands on Datcc, I hear that Tse Pin also made similar but not identical demands on Cerdik. And I also hear that threats have been hurled at the States and the people who signed the petition that they too will be banned.
Lets slow down here. I am now going to tell you that it is all a storm in a tea cup. Please try to see why I am saying this. So let us go back to the Constitution but lets us first understand that all authority in MCF flows from the source which are the States. This is very very important. Without the States' mandate MCF has ZERO authority. Is that clear before we proceed?
And that mandate goes directly to the elected COUNCIL and not to the individual officers. So each officer has only as much authority as the full COUNCIL gives them.
So directly after the disputed AGM, the re-elected President appointed more officials. Were the procedures followed? Did the Council approve the appointees as stipulated in the Constitution? The President only has casting vote in case of a tie. That is all he has.
The very next thing on the agenda should have been the voting rights of the approved appointed officials. Do they have any voting rights in Council deliberations? Only the full Council can decide that; with the President only having the casting vote. After that decisions must be made by the full Council again to see how much authority will be given to each official under the given portfolios. They may have zero authority and can only make recommendations to the elected Council. This again is subject to the Councils deliberation.
I am fairly sure that none of this was done. So every ruling made on banning Kedah, banning the other States and petitioners or banning players who attend Cerdik's tournaments etc has no basis. It is all ultra vires and beyond the authority of the people issuing the threats. Can you also see now that Peter's demand on Datcc is also just a bluff? Where is his authority to make such a demand?
So what went wrong?
The very first thing that went wrong was that the Council did not know the Constitution and the extent of the authority vested in them.
This needs to change first. Particularly in MCF since we elect our Presidents based on their contacts in the market to bring funding into the sport and not for any knowledge per se of the sport itself. So the Council must work or a few people with the President's ears can hijack the whole MCF as has often been done in the past by different "gangs" at different times.
And so who is responsible for the mess we are now in again? I will leave that question for you to reflect on before my next part. I will only say this. In chess, when the player does not put up his hand and call for the arbiter when the rules have been infringed, does he/she deserve to lose?
Next: Why is the motion as shown on X-pose flawed?