Times Of Swaziland: SOME ASSOCIATIONS GRAPPLING WITH CONSTITUTIONAL TRIALS

SOME ASSOCIATIONS GRAPPLING WITH CONSTITUTIONAL TRIALS
================================================================================
Nimrod Hlophe on 24/11/2024 06:47:00


MBABANE – It seems there is an elephant in the room for some sports
associations as far as good governance is concerned.
The issue of governance appears to be mostly hinged on the constitutions of the
national federations. These deficiencies of the supreme books have been put
under the microscope this year, as this was the year with the most elections in
the country. At least 10 sports organisations will have had elections by the
year-end, and thus, their bibles have been put under interrogation.
Nine of the sports associations have gone to the ballot box, with the Eswatini
Olympic and Commonwealth Game Association (EOCGA) yet to hold elections. They
are scheduled for December 15, 2024. In these nine who have had their elective
annual general meetings (AGMs), challenges with their doctrines saw two
elections postponed until the present day. The executive were given certain
periods to try and spearhead the amendments of their constitutions. This is the
case for the Eswatini National Tennis Association (ENTA) and Eswatini Chess
Federation (ECF). However, the other two elections were held on the
understanding that the adjustments of the constitution would be a matter of
first priority for their new executives.
These were the Eswatini Swimming Association (ESA) and Eswatini Boxing
Association (EBA). Nonetheless, another association that cannot escape the
constitutional conundrum is Athletics Eswatini (AE). Their deadlocks have
dragged on for about 14 months. This hostility has even seen the continental
mother body, the Confederation of African Athletics (CAA), having to
intervene.This conflict has even entered the High Court a couple of times, with
some clubs at odds with the reigning board on the constitutionality of the
issue. On a brighter note, the Premier League of Eswatini (PLE), Eswatini
National Volleyball Association (ENVA), Eswatini Cricket Association (ECA), and
Eswatini Table Tennis Association (ETTA) had smooth elections this year.
However, EBA remains the most recent association to exhibit constitutional
discrepancies, despite such challenges having been persistent throughout the
previous quadrennial. During the discussions at the associations’ AGMs,
several constitutional challenges were raised on pressing constitutional
dilemmas. Some of the issues included the deficient constitutions, the uneven
application of laws, vague definitions of executive board members’ roles, and
decisions that blatantly ignored the supreme law. For instance, the EBA AGM was
filled with controversies and tension, which tempted an observer from the
International Boxing Association (IBA) to step out of his lane and offer some
advice to the new executive. The IBA observer was South African National Boxing
Organisation (SANABO) President Siyabulela Mkwalo.
“To start with, a turnaround strategy is the constitution. I have read your
constitution several times; it needs to be fixed. It will set us against each
other and must be a priority mandate of the new executive to fix it
urgently,’’Mkwalo said. On a positive note, the ENTA has made some progress
in amending its constitution. Interim Secretary General (SG) Nqaba Mkhaliphi,
said they are waiting to receive a draft constitution from EOCGA, which they
will send to clubs and then convene a special AGM for adoption if the clubs are
satisfied.
The constitution will then be sent to the EOCGA, Confederation of African Tennis
(CAT), and the International Tennis Federation (ITF) for approval. Upon their
approval, ENTA would then go for elections. Worth noting, the association’s
organisational structure is similarly structured. The membership forms the
backbone of its general assembly, which is tasked with electing the executive
body. This assembly also convenes annually, wielding significant power as the
supreme decision-making authority. It tackles vital matters such as
constitutional amendments, board elections, and the admission, suspension, or
expulsion of members, among other responsibilities. Meanwhile, the board serves
as the executive arm, charged with bringing the assembly’s resolutions to
life.
Amid these constitutional disputes, EOCGA has made a bold push for better
governance of associations. It has initiated a comprehensive review of the
constitutions of its 23 affiliates. According to the Marketing and
Communications Officer, Mkhulisi Dlamini, this measure is aimed at ensuring that
these constitutions align with the principles outlined in the Olympic Solidarity
constitution. Dlamini said this is essential for maintaining compliance with
international governance standards.
“The primary goal of this initiative is to foster transparency and democratic
processes within the organisations that fall under the EOCGA’s umbrella. By
aligning with international best practices, EOCGA not only enhanced its own
governance framework but also promoted a culture of accountability and integrity
across all NFs,” Dlamini said. EOCGA engaged a local legal practitioner, Noel
Mabuza, to assist in implementing this plan. Mabuza conducted a review and
drafted revised constitutions of each of affiliate.