Punjab ruling raises questions ahead of ALV

Bertus de Jong 29/11/18


The KNCB’s Commissie van Beroep (appeals committee) ruled in favour of Punjab Rotterdam CC this week in their long-running dispute with the KNCB over questions of player eligibility. The ruling would appear to critically undermine the board’s current rules governing the participation of overseas players in the Dutch domestic competition.

The dispute originially arose early last season, precipitated by Punjab’s selection of Belgian nationals Mamoon Latif and Ali Raza, who were deemed overseas players under Article 12 of the Competitiereglement, to represent the club’s first XI in the Topklasse.

Ali Raza
Ali Raza in action for Punjab

The KNCB initially imposed a number of sanctions on the club, including awarding their match against ACC to the Amsterdam club by default, imposing a 6-point penalty as well as threatening fines. Punjab contended that as EU nationals Latif and Raza were entitled to equal treatment under EU law, and that they could not be counted toward the quota of 2 overseas players in the side, and continued to field the pair throughout the season.

The matter was first referred to the Tuchtcommissie, who in June nominally ruled in the KNCB’s favour, but scrapped the board’s competitive penalties and imposed a fine of a mere € 126 on Punjab -the lightest possible penalty – hinting that the rules themselves might not accord with Dutch or European law.

The KNCB duly appealed the decision, but last week the Commissie van Beroep sided decisively with Punjab. The CvB ruled that Article 12 of the Competitiereglemen amounted to discrimination on the basis of nationality and was consequently unlawful. Crucially, they based their ruling not on EU law but on the Dutch Algemene wet gelijke behandeling (general equal treatmenet act) thus seeming to preclude not only discrimination against EU passport-holders but any direct restriction on the basis of nationality whatsoever.

The current two-player limit for overseas players in the Topklasse applies to any non-Netherlands passport-holder with the exception of those players who have participated in a domestic league in the Netherlands in three of the preceding four years and played a minimum of 8 matches in the immediately preceding season. Lifting that restriction for EU citizens might not have caused undue disruption given that the Dutch season naturally coincides with the domestic seasons of its European neighbours, and there are moreover comparatively few cricketers in the rest of continental Europe likely to have a significant impact at Topklasse level.

This week’s ruling, however, would seem to open the door to an unlimited number of players from further afield turning out in the Dutch competition, threatening to crowd out local talent, a prospect provoking dismay on social media.

The KNCB do not appear to have been caught entirely unawares by the ruling however, and were already planning to amend the rules for the coming season; “we’ll be looking at moving to a system more in line with the approach they take in Scotland and Ireland for 2019” KNCB secretary Robert Vermeulen told TKcricket earlier this year. The board is understood to have consulted with clubs regarding potential changes to the overseas player rules even before the ruling was published last week, and is expected to present its proposals at the KNCB’s Algemene Ledenvergadering (general members meeting) scheduled for the 15th of this month.

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