Pacific

Suva queries Fiji Rugby Union company set up and calls for changes

10:16 am on 13 April 2023

The Suva Rugby Union wants to know how Fiji Rugby Union Ltd was set up in 2019.

And they are calling for wholesome changes on the Fiji Rugby Union Board.

Suva Rugby Union (SRU) secretary Nemani Tuifagalele told RNZ Pacific this week there is no other way but to get the four-member Board previously appointed in 2018 out.

"Suva is determined to do that with the support of the other unions," Tuifagalele said.

"They have not delivered and have failed in managing the FRU."

The present board members who are being targeted are Trevor Nainoca, Daniel Whippy, Muni Ratna and Biu Colati.

Also on the list of interest is Board Secretary and Legal Adviser Vishal Anand

The newest Board member Simione Valenitabua is the nominee of the Prime Minister Sitiveni Rabuka, as per the FRU Constitution. He will be part of the new Board.

Suva Rugby Union secretary Nemeni Tuifagalele (right) with rugby commentator Alipate Naitini Photo: Nemani Tuifagalele

FRU company

Top of the list is the legality of Fiji Rugby Union Ltd, which has now replaced the Fiji Ruby Union Trust since 2018.

"When an entity is registered as a company, the affairs of the company is regulated by the Companies Act," Tuifagalele said.

"The Fiji Rugby Union Ltd is a company limited by guarantee. However, it has a constitution on the side which is like an Article of Association to regulate membership, meeting, appointment of board members and other things.

"That constitution did not say anything about any existing trust so pops up my question, 'where is that Charitable Trust now'? Has it been replaced by this FRU Ltd as a company?" Tuifagalele asked.

A copy of the company registration has been sent to RNZ Pacific which states that the company was registered on April 12, 2019 with the Registrar of Companies in Suva.

The company is a company limited by guarantee, which means it is a public company.

It had only one registered shareholder, Ratu Filimoni Vunikamualevu.

"Suva is of the view that this is not right. The FRU is now a company limited by guarantee regulated by a new constitution (2018). The question is for them (the Board) to explain the trust that existed before, what is its status now?," Tuifagalele said.

"We want to know the legality of its present set up, which was done by the current Board under the chairmanship of Francis Kean.

"We want to know how come there is only one shareholder when it is a public company that belongs to the people of Fiji, through the unions who are members of the FRU.

"We want to know who this Ratu Filimoni is and how come he is the sole shareholder."

Former Chairman Kean was also a former Suva Union president. He was a nominee of the former Prime Minister and current FRU President Frank Bainimarama.

The FRU annual general meeting will be held on April 29.

Photo: Supplied

Poor management claims

Nemeni Tuifagalele said the SRU has reasons in asking the four to step down.

"One of the main reasons is looking at the management of the finances at FRU. We have been told, reliably, that the audited reports show a massive loss.

"With this board mending the operations of the FRU, we feel this is not the right group of people to do so."

He said Suva now have their own nominations.

"If you look at our nominations, we are now trying to get in people who not only have the profession and the background, but people who have worked on the ground," he said.

"We have seen over the years the board members have hardly associated themselves with rugby. We want to bring in people with the qualifications and at the same time who have had the experience on the ground.

"We also want to have a well-represented group of people there. Not only from one or two particular unions. Over the years it has been Suva all along.

"We want to spread that out to the other unions. That's basically what we will try and do come April 29."

He added that the constitution allows the non-compliant members to vote in a vote of no confidence proposal.

Compliance

The FRU previously only had two out of the eight major unions who were compliant with the auditing and financial reporting aspects of the constitution.

But former Interim FRU CEO Tevita Tuiloa said there were now six unions who are compliant, with only two still being works in progress.

Tuiloa was removed by the Board two months ago because he stood for players' welfare and questioned the FRU about it.

"Got confirmation from FRU staff that we now have from the eight top provincial unions, six are now compliant (75 percent compliance). From the 16 unions below that there are two who are now compliant," Tuiloa said.

This is a big improvement from when there were only two who were compliant."

Tuiloa said that while he was Interim CEO he had a plan to assist unions to get at least a 50 percent compliant rate before the annual general meeting.

"So at least at this upcoming AGM, all unions can raise their voice because they are now compliant compared to only two," he added.

RNZ Pacific has reached out to the FRU Board for comment.

Fiji's players celebrate victory in the men’s rugby sevens gold medal match between Fiji and Britain during the Rio 2016 Olympic Games at Deodoro Stadium in Rio de Janeiro on August 11, 2016. Photo: AFP