Pieter Coetze before winning gold in the men’s 50m freestyle during the SA National Aquatic Championships on 13 April 2024 at Newton Park Swimming Pool n Gqeberha. (Photo: Anton Geyser / Gallo Images) 
Minister of Sport, Arts and Culture Gayton McKenzie has promised to come down hard on Swimming South Africa (SSA) after its elected executive committee extended its terms in office in violation of its constitution.
Last August, SSA held its quadrennial meeting to elect its new executive committee members.
Several members, including president Alan Fritz – who ran unopposed – and vice-president Jace Naidoo stood for re-election, exceeding the SSA constitution-stipulated maximum of three terms.
Tatjana Smith in action in the women’s 100m breaststroke during the SA National Aquatic Championships on 12 April 2024 at Newton Park Swimming Pool in Gqeberha. (Photo: Anton Geyser / Gallo Images)
Read more: Swimming SA executive committee stalwarts running for new terms apparently in violation of own constitution
“As far as swimming is concerned, I’m coming there like a thunderstorm,” McKenzie told Daily Maverick.
“I see people have extended their contracts – that nonsense will not happen this year.
“I will not allow that rubbish, that’s absolute rubbish. There are people who are changing the constitution. I’m coming for them and I’m coming very hard for them.
“In the first week of February [I’m coming for them].”
Fritz has served as a member of the executive committee in several capacities since 2004, for a total of five consecutive terms (20 years).
The additional four years, starting this year, will see him double the maximum number of terms stipulated by the SSA constitution.
Article 6.2.3 of the constitution reads: “The term of office for all Executive Members will be limited to three consecutive periods.”
Naidoo, meanwhile, has been on the executive committee since the unification of SSA in 1999. He was president from 2004 until 2016 and vice-president from 2016, and will serve until 2028.
Pieter Coetze (centre) before winning gold in the men’s 50m freestyle during the SA National Aquatic Championships on 13 April 2024 at Newton Park Swimming Pool n Gqeberha. (Photo: Anton Geyser / Gallo Images)
SSA has tried to use loopholes in its constitution by moving members from one seat to the next after a third term in one position.
Rounding out the members of the executive committee holding positions ineligibly are Zikie Molusi and John Ellis, who were up for nomination as deputy president and treasurer, respectively, despite both having served on the committee since 2012 (three terms).
SSA has still not officially published who is on its newly elected committee, despite the vote having taken place in August last year.
Sascoc’s role
According to the National Sport and Recreation Act of 1998, the minister of sport has authority – above the South African Sports Confederation and Olympic Committee (Sascoc) – to implement changes he sees fit by calling a commission of inquiry.
However, if World Aquatics interprets the actions of McKenzie as interference in the operations of the sport, there is a possibility that SSA could have its membership suspended.
In 2021, former minister of sport, arts and culture Nathi Mthethwa dissolved the Cricket South Africa (CSA) board and appointed an interim board after the organisation underwent a crisis-riddled period.
Mthethwa worked alongside the International Cricket Council (ICC) and the CSA was not at risk of an ICC ban or suspension.
World Aquatics, however, is much quicker to pull the trigger on any actions that are not in line with its constitution. Swimming Australia was threatened with suspension last year for a lack of player voting power on its board and was forced to toe the line by reforming the board.
The first point of call in South African sport is usually Sascoc, whose job includes providing guidance on good governance and ensuring that federations are in compliance. McKenzie has called on the confederation to “act against” SSA.
“Sascoc needs to act and act against them if they want to have credibility,” the sports minister said.
“They’ve worked very hard to change the face of Sascoc. You can’t allow the people of Swimming [SA] to change the constitution with no consequences.
“There will be severe consequences, hold me to that.”
However, SSA has not changed the constitution. It simply ignored it and tried to dance around the legislation. DM