KUALA LUMPUR: The Sports Commissioner’s Office will wait for the official report on the Football Association of Malaysia’s (FAM) extraordinary congress before deciding whether action is needed following the election of its new office bearers.
Sports Commissioner Arrifin Ghani said no formal complaint had been received over the eligibility of the Electoral Committee or the conduct of the election.
The extraordinary congress on Sept 17 proceeded despite a warning from Asian Football Confederation (AFC) general secretary Datuk Seri Windsor Paul John, who chaired the congress, that the FAM Electoral Committee chairman and deputy chairman did not meet the qualifications required under the association’s statutes.
John warned that the election result could be challenged.
“We always allow associations to conduct their meetings or elections, as long as they do not change any of the rules or there is no complaint,” Arrifin said.
“However, we understand that FAM’s extraordinary congress was held under unique circumstances as the entire executive council quit in January.
“FAM had only accepted the AFC’s proposed amendments to its statutes in June, one of which required the Electoral Committee chairman and deputy chairman to be practising lawyers.”
Delegates unanimously agreed to proceed, paving the way for Datuk Ab Ghani Hassan to be elected FAM president with 20 votes. He defeated Selangor FA deputy president Datuk Seri Dr Shahril Mokhtar, who received five votes.
FAM had been without an executive committee since the previous line-up resigned following the doctored documentation scandal involving seven footballers.
Arrifin said the absence of an executive committee was an important factor in considering the circumstances surrounding the congress.
“I need to study the report. But obviously, they should follow the constitution. At the same time, you understand that the circumstances are highly unusual because there was no exco.”
Sports associations must submit reports on their annual or extraordinary general meetings to the Sports Commissioner’s Office.
The issue had earlier prompted Selangor FA to raise concerns about the Electoral Committee’s composition. One option discussed before the congress was to postpone the election and have the AFC oversee the process.
Arrifin stressed that delegates’ agreement at a congress did not automatically override provisions in an association’s constitution.
“You can’t go against the constitution. Otherwise, there is no point in having one if, every time something is stated in the constitution, everyone agrees to do something else and follows that decision,” he said.
“Under normal circumstances, if something is stated in the constitution, you have to follow it. But I reiterate, this is an unusual situation.”
He added that the position could be different if a constitution was silent on a particular situation.
“For example, if the president suddenly dies and the constitution doesn’t state who assumes the position, then the council or congress can make the decision,” said Arrifin.
“If it is stated in the constitution, they have to follow it.”
Arrifin said his office would not pre-empt the findings of the congress report.
“We are waiting for the congress report. Then, based on that report, we will see what needs to be done,” he added.
