The Fiji Rugby Union is suspended from the World Rugby Council until all the legal matters are addressed.
fijivillage News understands that this is a suspension from only the World Rugby Council, not World Rugby.
We have been told that FRU can send teams to all World Rugby tournaments, including the HSBC 7s and the Rugby World Cup in France this year.
The High Performance Unit will stay under World Rugby.
There will be no disruption to the 15s and 7s international programmes.
The decision was made by World Rugby late last night.
FRU’s Acting Administrator, Sale Sorovaki says they are currently waiting on World Rugby if they have been suspended and have lost their seat.
Sorovaki also says if they lose their seat and voting right, this means they can still take part in World Rugby sanctioned events.
He further says this means Fiji does not lose out on events like the current HSBC 7s series and the Rugby World Cup later this year.
The Acting Administrator adds they are trying to get things in order on their end to get ready for a Special General Meeting.
fijivillage News has sent questions to World Rugby.
Stay with us for developments.
The Interim Administrator of the Fiji Rugby Football Union Trust Board or FRU, Simione Valenitabua says he estimates to resolve the legal issues faced by the FRU by 31st March 2024.
Valenitabua says if World Rugby, the Australian Department of Foreign Affairs and Trade and the Fiji Government through the Fiji National Sports Commission and the Ministry of Youth and Sports, are kind enough to assist FRU through technical expertise and financial grants, then the FRU can consult extensively nation-wide in a shorter timeframe.
But, he says at the moment if they juggle standing operations with the overhaul then a longer period is needed to legalise and regularise the affairs of the FRU.
When asked on the risk of any bans by World Rugby, Valenitabua says the continued updates to World Rugby and the International Olympic Committee, through their contacts, should be reassuring to World Rugby and in his opinion and belief, mitigates or minimises any risks to FRU, the players and the people of Fiji that love rugby.
He adds Minister for Justice, Siromi Turaga pursuant to powers vested in him by section 13B of the Charitable Trusts Act, has appointed the interim trustees of the FRU.
When asked on when the Special General Meeting will be held, Valenitabua says he is not sure at the moment but will provide guidance to unions and affiliates via regular updates.
The Minister for Justice moved in last month to protect the assets and operations of the FRU, appoint interim trustees of the FRU to take it to a Special General Meeting and appoint an interim administrator to act on behalf of the interim trustees. Turaga confirms that as Minister for Justice, he exercised his powers under the Charitable Trusts Act in his meeting with the board of directors of the FRU.
He says the FRU cannot operate as a charitable trust as it is being run by a board using articles of association of the FRU Company.
Turaga says this is illegal for charitable trusts.
Following a meeting with the FRU board of directors, Turaga says those in attendance have acknowledged by consensus to resign voluntarily while absent directors resigned by flying minute.
He says there is no link between the Fiji Rugby Football Union Trust Board (the charitable trust) and the Fiji Rugby Union Pte Limited (the company limited by guarantees) for the governing instrument of one to apply to the other, and vice-versa.
Turaga further says the 2018 constitution being used by the FRU board to make appointments to run its affairs, set the AGM, call for nominations, defend appeals by Suva, Naitasiri and Namosi, and operate thus far is not registered under the Charitable Trust Act, nor at the Registry of Titles, and was therefore illegal.
He says this is due to the fact that it was unsigned and undated by the trustees, unaccompanied by the minutes of the meeting of the AGM or Special General Meeting of the FRU wherein the constitution was adopted, not witnessed, signed and stamped by any Commissioner of Oaths or solicitor, and not endorsed, signed and stamped by the Registrar of Titles at the time it was lodged for registration.
The Minister for Justice says in light of these anomalies, he informed the FRU board that under the laws of Fiji, the FRU will need to regularise and legalise its status as a charitable trust to be consistent with the provisions of the Charitable Trusts Act, until and unless the status of the FRU as a charitable body is regularised, the FRU AGM cannot be convened, unions and members of the FRU will have to be notified of the new AGM date by a new board of trustees in due course.
Minister for Justice, Siromi Turaga has announced the appointment of five interim Trustees of the Fiji Rugby Football Union Trust Board with liberty to co-op experts when necessary.
The 5 are Peter Mazey, Jenny Seeto, Alipate Naiorosui, Sikeli Tuinamuana and Mosese Naivalu and they were appointed by Turaga pursuant to powers vested in him by Section 13B of the Charitable Trusts Act 1945.
The new Trustees will be required to present to a Special General Meeting of the FRU a way out of the anomalies of the rugby union as a charitable trust.
In a statement, Turaga says all appointments are until the next Special General Meeting which will be called at the trustees' discretion once the Fiji Rugby Football Union Trust Board governance and legal compliance are consistent with the Charitable Trusts Act 1945 to the satisfaction of the Minister for Justice as the custodian of charitable trusts.
Turaga says the appointment of a new Board of Trustees really begins the process of getting rugby house in order.
He adds as stated earlier, until and unless the status of FRU as a charitable body is regularised, the AGM cannot be convened.
Meanwhile, the Interim Administrator of the Fiji Rugby Football Union Trust Board or FRU, Simione Valenitabua is now taking immediate steps to ensure that the FRU complies with the laws of the land and also looks after the best interests of the players, unions and all affiliates.
Valenitabua says some of the immediate steps to be taken are to impose good governance, financial controls and restructure consistent with FRU's charitable trust nature, and renegotiate sponsorships and contracts.
They are looking at ways to create more revenue at no costs and minimise expenditure when funding is available.
Other immediate steps include meeting with World Rugby to get its endorsement on the way forward to comply with and operate under, the Charitable Trusts Act 1945, and review player welfare and safety protocols and take proposals to the interim board of trustees appointed by the Minister for Justice, Siromi Turaga on the Interim Administrator’s strategic plan for FRU in both the long and short term.
He says he will also conduct wide consultations with all unions and affiliates of FRU to listen to their challenges and needs, incorporating and accommodating the resolutions in the draft amended constitution for discussion at the Special General Meeting.
Valenitabua says they will amend the FRU Constitution 1997 to be consistent with the governing Act, establish the Trusts for all unions and register all clubs of unions at the Titles Office so that they be recognized as autonomous legal entities that can lawfully engage with their sponsors and donors without the need for FRU to micro-manage.
He says they will also streamline operations through relevant Standard Operating Procedures, manuals and policies.
They will review programmes because there are many but a few resources.
Valenitabua says the legal implication if they don't do this will continue the cycle of illegality, confusion and detriment.
The Interim Administrator of the Fiji Rugby Football Union Trust Board or FRU, Simione Valenitabua says he estimates to resolve the legal issues faced by the FRU by 31st March 2024.
Valenitabua says if World Rugby, the Australian Department of Foreign Affairs and Trade and the Fiji Government through the Fiji National Sports Commission and the Ministry of Youth and Sports, are kind enough to assist FRU through technical expertise and financial grants, then the FRU can consult extensively nation-wide in a shorter timeframe.
But, he says at the moment if they juggle standing operations with the overhaul then a longer period is needed to legalise and regularise the affairs of the FRU.
When asked on the risk of any bans by World Rugby, Valenitabua says the continued updates to World Rugby and the International Olympic Committee, through their contacts, should be reassuring to World Rugby and in his opinion and belief, mitigates or minimises any risks to FRU, the players and the people of Fiji that love rugby.
He adds Minister for Justice, Siromi Turaga pursuant to powers vested in him by section 13B of the Charitable Trusts Act, will appoint the interim trustees of the FRU by tomorrow.
Valenitabua says due diligence is best left to the custodian of charitable trusts.
When asked on when the Special General Meeting will be held, Valenitabua says he is not sure at the moment but will provide guidance to unions and affiliates via regular updates.
The Interim Administrator of the Fiji Rugby Football Union Trust Board or FRU, Simione Valenitabua is now taking immediate steps to ensure that the FRU complies with the laws of the land and also looks after the best interests of the players, unions and all affiliates.
Valenitabua says some of the immediate steps to be taken are to impose good governance, financial controls and restructure consistent with FRU's charitable trust nature, and renegotiate sponsorships and contracts.
They are looking at ways to create more revenue at no costs and minimise expenditure when funding is available.
Other immediate steps include meeting with World Rugby to get its endorsement on the way forward to comply with and operate under, the Charitable Trusts Act 1945, and review player welfare and safety protocols and take proposals to the interim board of trustees appointed by the Minister for Justice, Siromi Turaga on the Interim Administrator’s strategic plan for FRU in both the long and short term.
He says he will also conduct wide consultations with all unions and affiliates of FRU to listen to their challenges and needs, incorporating and accommodating the resolutions in the draft amended constitution for discussion at the Special General Meeting.
Valenitabua says they will amend the FRU Constitution 1997 to be consistent with the governing Act, establish the Trusts for all unions and register all clubs of unions at the Titles Office so that they be recognized as autonomous legal entities that can lawfully engage with their sponsors and donors without the need for FRU to micro-manage.
He says they will also streamline operations through relevant Standard Operating Procedures, manuals and policies.
They will review programmes because there are many but a few resources.
Valenitabua says the legal implication if they don't do this will continue the cycle of illegality, confusion and detriment.
The FRU’s Interim Administrator says the players at the end of the day will continue to suffer and in drastic instances, could even lose their life.
Valenitabua adds that a user-friendly system needs to be weaved into place so that the incoming executives under the new Constitution do not have to burden themselves with this necessary and imperative exercise.
He says it is also difficult to start something afresh than working off a proven template.
Valenitabua is aware of challenges some international unions have gone through that are similar to what FRU is going through at the moment.
He says they will call on their precedents and case studies.
The Fiji Rugby Union is now caught in a major legal situation, and Minister for Justice, Siromi Turaga will now move to protect the assets and operations of the FRU, appoint interim trustees of the FRU to take it to a Special General Meeting and appoint an interim administrator to act on behalf of the interim trustees.
Turaga confirms that as Minister for Justice, he exercised his powers under the Charitable Trusts Act in his meeting with the board of directors of the FRU.
He says the FRU cannot operate as a charitable trust as it is being run by a board using articles of association of the FRU Company.
Turaga says this is illegal for charitable trusts.
Following a meeting with the FRU board of directors, Turaga says those in attendance have acknowledged by consensus to resign voluntarily while absent directors will resign by flying minute.
He says there is no link between the Fiji Rugby Football Union Trust Board (the charitable trust) and the Fiji Rugby Union Pte Limited (the company limited by guarantees) for the governing instrument of one to apply to the other, and vice-versa.
Turaga further says the 2018 constitution being used by the FRU board to make appointments to run its affairs, set the AGM, call for nominations, defend appeals by Suva, Naitasiri and Namosi, and operate thus far is not registered under the Charitable Trust Act, nor at the Registry of Titles, and is therefore illegal.
He says this is due to the fact that it was unsigned and undated by the trustees, unaccompanied by the minutes of the meeting of the AGM or Special General Meeting of the FRU wherein the constitution was adopted, not witnessed, signed and stamped by any Commissioner of Oaths or solicitor, and not endorsed, signed and stamped by the Registrar of Titles at the time it was lodged for registration.
The Minister for Justice says in light of these anomalies, he informed the FRU board that under the laws of Fiji, the FRU will need to regularise and legalise its status as a charitable trust to be consistent with the provisions of the Charitable Trusts Act, until and unless the status of the FRU as a charitable body is regularised, the FRU AGM cannot be convened, unions and members of the FRU will have to be notified of the new AGM date by a new board of trustees in due course and the AGM planned for this Saturday has to be deferred.
Acting FRU Chair, Dan Whippy and Acting CEO, Sale Sorovaki could not be reached for comments.
The Fiji Rugby Union remains tight-lipped after confirmation that the FRU AGM scheduled for this Saturday has been deferred to a later date.
Some of the board members and Acting CEO, Sale Sorovaki had meetings with Attorney General, Siromi Turaga and Solicitor General, Ropate Green Lomavatu yesterday.
We are trying to get comments from Rugby House. It has been confirmed that the FRU is registered as a charitable trust and one of the trustees is the Prime Minister, Sitiveni Rabuka. He has been the trustee since 1998.
The Suva Rugby Union had earlier filed a motion for the FRU board members, excluding the Prime Minister’s nominee, to step down.
They had said the motion is based on the current board members’ inability to fund the affairs of the FRU properly.
The present FRU board members include Daniel Whippy, Trevor Nainoca, Muni Ratna, and Biu Colati while Simione Valenitabua is Prime Minister Sitiveni Rabuka’s nominee to the FRU.
The FRU has reported a financial loss of $1.354 million for the financial year 2022, compared to a profit of $269,554 in 2021.
Sorovaki says in the annual report that their revenue increased to $21.356 million in 2022 compared $12.941 million in 2021, however, their expenses increased from $12.671 million in 2021 to $22.711 million in 2022 resulting in their financial position.
Sorovaki highlighted the absence of sponsors for their U-20 Program cost them $400,000, losses in domestic competition due to reduced sponsorship of $500,000 and under collection from the budgeted income by $4.6 million also contributed to their financial performance.
Sorovaki also says the financial performance was further impacted by the booking of all outstanding expenses from 2019 to 2022 that were not booked for payments.
He adds these have now been included rightfully, so that the debt could be recorded for and payment plans implemented as they look to improve their income.
Sorovaki also highlighted that during the year, three finance personnel had to be let go because of breach of financial policies.
He says their new Finance Manager started from mid-October last year and since then new staff have been recruited, and the finance department is undergoing restructuring.
Serious concerns were also raised last week about the welfare of the Fijiana Drua after a post went viral on social media saying the players had been denied their meals at a restaurant in Australia.
A woman in a post on Facebook says she had to provide meals for the Fijiana Drua since last Friday afternoon.
The post also claimed that the FRU has allegedly been late in their payments to the restaurant in Brisbane.
Sorovaki has admitted that they have had some challenges regarding their financial processes which had a direct effect on the Rooster Chicken Fijiana Drua.
Sorovaki says these have been highlighted to them by the Australian Department for Foreign Affairs and Trade (DFAT) through Rugby Australia which monitors this financial assistance, and FRU is trying its utmost to improve on it.
Sorovaki says they are grateful to the Australian Government through the Vuvale Partnership which allows our Fijiana Drua Women’s Team to participate in the Super W Competition.
He also says the FRU is eternally grateful to the Fijian families that have assisted the Fijiana Drua with meals and other support, and for using their own hard-earned resources to help in the time of need towards our players and management. Sorovaki says the FRU may not be able to repay them, however, they are deeply grateful for the kind gesture and support to the fellow Fijians at a time when they needed it the most.
The Acting FRU CEO says moving forward, Fiji Rugby and Rugby Australia will continue to work hand in hand in ensuring that this issue is not repeated.
He adds with the World Rugby Commitment to player welfare, they will ensure that their players' welfare remains paramount in all that they do. Sorovaki also says FRU is responsible for looking over the general logistics of any team travelling overseas.
These include players allowance, accommodation, meals and any other associated costs.
Sorovaki also makes it clear that all contracted players have been paid up until now.
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