PRESIDENT’S TALKING POINTS:
- Situation at the FABD:
President declared the situation involving 3rd party interference, attempts to influence the outcome of the upcoming FABD Election Congress from internal party as well as the FIFA & AFC stand to postpone the Election until FIFA & AFC are satisfied there is no further government interference.
[President read out the letter from FIFA dated 14 November 2023.]
We refer to our letter dated 9 November 2023 and to your e-mail dated 10 November 2023 in which you confirmed to us that the office of Registrar of Societies gave an order to dismiss the President of FABD and yourself without apparently providing any reason or notice to show cause. In light of the seriousness of this matter and due to its direct impact on the currently ongoing electoral process, FIFA and the AFC are of the opinion that the upcoming FABD Elective Congress, planned to take place on 18 November 2023, should immediately be postponed until further notice. As mentioned in our letter dated 9 November 2023, we kindly refer you to FIFA’s and AFC’s statutory principles and requirements according to which FABD shall manage its own affairs independently from any undue political interference or any third-party influence (cf. Articles 14.1(i) and 19.1 of the FIFA Statutes and Articles 10.1(t) and 15.4 of the AFC Statutes). In this context, we kindly request FABD to communicate this letter to the competent authorities requesting that they provide FIFA and the AFC, before 21 November 2023, with valid justification to the decision of the dismissal of the President and General Secretary of FABD.
If no valid justification is provided to FIFA and the AFC prior to the above deadline, we will have no other alternative but to view the alleged dismissal as an attempt of undue third-party interference and a violation to the abovementioned articles. In case of such a violation, FABD may have to be suspended in accordance with Article 16 of the FIFA Statutes, resulting in the FABD losing all of its membership rights as defined in Article 13 of the FIFA Statutes.
In addition, please take note that according to Article 16.3 of the FIFA Statutes, a suspended member association may not exercise any of its membership rights and other member associations may not entertain sporting contact with a suspended member association. The Disciplinary Committee may impose further sanctions.
Finally, we would like to emphasise that a suspended member association loses all its membership rights, as defined in art. 13 of the FIFA Statutes, with immediate effect and until further notice. Likewise, the representative teams as well as the affiliated clubs of this federation can no longer take part in international competitions until the suspension has been lifted.
We look forward to receiving the response of the relevant authorities within the stipulated deadline.
- So called Security & Integrity Report:
President declared that the establishment Safety & Security Standing Committee was to ensure the safety & security matters in a football match under the umbrella of the FABD, and handled under their terms of references.
[Art. 54, pg. 40, FABD Statutes (edition 2023): Security and Integrity Committee].
“The committee shall deal with strategies against match manipulation to protect the integrity of football. The committee shall issue and monitor compliance with Stadium Safety and Security Regulations and to monitor relevant developments in the area of stadium security.”
None of their member were eligible to be a member of integrity since they do not possess any legal background nor as certified lawyers in Brunei Darussalam. After consultation with the legal advisors of the FABD, the so-called ‘minutes/report’ made by the committee was beyond the committee’s scope and should be considered null & void.
- Statutory audit report:
The Statutory Audit report for financial year 2022 has been completed and after further internal undertaken done by the same auditor, there were no irregularities in the audit. The members of the Executive Committee involved in the boardroom coup d’état refused to approve and influenced the members of the FABD. The Exco Members had caused the problem at the very first place.
[To give floor to General Secretary]
- Election status:
President declared that he is considering not run for reelections during the upcoming elections.
GENERAL SECRETARY TALKING POINTS
- Stand of FIFA & AFC with regards to the recent circular, from the FABD.
[General Secretary to read out the official reply from FIFA dated 17 November 2023.]
“… We would like to also take this opportunity to inform you that we have received an email from the Vice-President of FABD (in copy) in which he informs us of an Executive Committee Meeting which was apparently held on 15 November 2023 and in which decisions were taken to “suspend” Pg Matusin Pg Matasan as President of FABD and terminate the services of Mohd Shahnon Mohd Salleh as the General Secretary with immediate effect on the basis of article 17 of the FABD Statutes (2023 edition).
In this regard, and while we note that the incorrect provision appears to have been used by the members of the Executive Committee attending the alleged meeting on 15 November, we would like to refer you to the content of article 38.2 of the current FABD Statutes (2023 edition; hereafter: FABD Statutes), which provides that if a majority (more than 50%) of the members of the Executive Committee request a meeting, “the President shall convene such meeting within 21 days.” On the basis of this provision, although the FABD President has the obligation to convene a meeting in the event that at least a majority (more than 50%) of the members of its Executive Committee request it, he is however entitled to convene it within a period of 21 days maximum once the request for a meeting has been made. In other words, the President shall fix the date of the meeting himself within the 21-day period as provided for in the FABD Statutes.
As far as we understand this process was not followed and as a result, the Executive Committee meeting of 15 November 2023 does not appear to have been convened in line with the FABD Statutes as it was not called by the FABD President himself.
In addition, we would like to point out that a dismissal of a member of a body (for instance a member or president of the Exco) by the Executive committee can only be provisional and needs to be confirmed at the next Congress. The person in question must also be given the opportunity to defend himself in front of the Exco and/the Congress (cf. article 24 of the Statutes).
Moreover, we kindly refer you to articles 40 2. and 4. of the FABD Statutes which stipulate that decisions of the Executive Committee shall be reached by a simple majority of the members present and that the relevant decision(s) “shall be recorded in the minutes.”. In this respect, we do not appear to have received any copy of the relevant minutes of the meeting which apparently took place on 15 November 2023, and therefore have to assume that such statutory requirement was also not adhered to.
In view of the above, please take note that we are not in a position to acknowledge the provisional dismissal of the FABD President as the said dismissal does not appear to have been decided in accordance with the requirements of your current statutory framework”…
- Attempts to interfere with the elections of the FABD:
General Secretary informed that the FABD received some notes from the Members of the FABD after the coup d’état on intention to influence the elections by questioning the credibility of the independent bodies (FABD Electoral Bodies) whom were appointed by the Members of the FABD during the May 2023 Congress by questioning their credibility as well as the processes undertook by the bodies thus will influence the nominations of President, Deputy President and Members of the Executive Committee. There were notes that a schedule of proposed meeting with the said agenda with Members of the FABD has been distributed.
General Secretary also informed that this matter has been informed to the legal advisor for any immediate actions to be considered.
- Accusation of President embezzled funds amounting USD3 million:
General Secretary reported to the members of the FABD that an individual has made a slender in one of the nearest mosque by accusing President has embezzled funds amounting USD3 million.
[GS to read out FIFA Forward Development Programme (Forward 3.0) Regulations].
[Regulations downloadable through https://www.scribd.com/document/668571205/FIFA-Forward-Development-Programme-Forward-3-0-regulations]
Referring to particular regulation no. 6, General Secretary explained that the funds received from FIFA is in a form of instalment and should be based on ‘ability to unlock’ the funds with the requirements stipulated. General Secretary declared that FABD has never received funds from FIFA amounting USD3 million in bulk and only based on achievements and success to unlock. Thus, the foundation from the said individual is at no basis.
President reminded the same slender was pointed to him when he was the General Secretary of BAFA and towards the treasurer of BAFA where in fact, the FIFA funds during that time was kept for the establishment of BAFA House (now FABD House) and the remaining funds were kept in Zurich.
- Position of General Secretary:
General Secretary declared that he has tender his resignation notice dated 25 September 2023 with a 1-month notice. President advised to hold resignation until the election congress is concluded in order to ensure the Statutes of FIFA, AFC, FABD as well as the NFABD Electoral Codes (edition 2021) are adhered and protected during the congress. General Secretary was supposed to conclude his tenure on 18 November 2023 (after the election congress) however with the situation at the FABD, President has advised to conclude his time together after the conclusion of the congress.
[GS handed the floor to President for his item #4.].