SXMNBA objects to the procedures taken to elect the new St. Maarten Basketball Federation board
Philipsburg - The St. Maarten National Basketball Association (SXMNBA) would like to make it clear that the “new board of the St. Maarten Basketball Federation (SMBF)” is illegal and was formed without proper procedures being conducted based on the articles of the St Maarten Basketball Federation (SMBF). We will explain the grave errors and lack of understanding about proper procedures. For subtext the SMBF has 3 associations under it: the Soualiga Youth Basketball Association (SYBA), St Maarten National Basketball Association (SXMNBA), and Walichi Female Basketball Association.
The SXMNBA would like to make it clear that basketball has been suffering due to many reasonings one of which is due to the lack of a functioning Basketball Federation but procedures must be upheld based on the rule of law and the articles of the SMBF.
Articles of the SMBF highlighting the lack of procedurally due diligence:
MEMBERSHIP
Article 5
1. Only basketball Associations that are legally established in Sint Maarten that target the promotion
of the basketball, sport be it on a commercial or non-commercial basis which is practicing the basketball sport and consisting of at least six working active members may become members of SMBF.
Article 13
a. At least once a year a general meeting is held;
b. General meetings will moreover be held whenever deemed desirable by the Board or whenever a number of members with voting rights representing at least ten percent (10%) of the members lodge a
written request thereto the Board stating the items to be discussed
c. If within fourteen (14) days after the receipt of such request, no effect has been given by the Board
to the request by convening the general meeting on a term of not more than four weeks, after
receipt of the request, the applicants themselves will be authorized to call the meeting, with due observance of the formalities required in accordance with article 15, or by an advertisement
in a daily newspaper widely circulated in Sint Maarten;
d. A member can be represented at a meeting by a third party, but only by another member.
e. All general meetings will be held on Sint Maarten.
RESOLUTIONS/VOTING
Article 16
b. Each member has one vote.
Based on these highlighted articles alone shows the lack of understanding needed for this “newly elected board” to govern the sport of basketball in St. Maarten.
