Swimming SA prepares for court case against disgruntled parent on legitimacy of its constitution

24 Nov 2024

A mother of a minor Swimming South Africa athlete has had her membership terminated after she filed a court case against the federation for unjustly not selecting her child for the World Aquatics Junior Diving Championships.

Swimming South Africa (SSA) is in an ongoing legal battle against a disgruntled parent that could potentially open a floodgate of cases against the aquatic federation.

A mother has had her SSA membership terminated after taking SSA to court, on behalf of her child, after the federation did not select her child for the World Aquatics Junior Diving Championships, despite the child qualifying.

A source close to the case, speaking to Daily Maverick, explained that SSA has claimed that the minor athlete was left off the squad accidentally, but SSA has not filed any evidence to the court to support that claim as yet.

The athlete has since been added to the team, which is taking part in the World Championships in Rio de Janeiro from 24 November until 1 December.

The Gauteng Division of the High Court in Johannesburg will now decide whether the mother’s SSA membership was lawfully terminated despite it being done according to the constitution of the federation.

Section 14.3 of the SSA constitution reads, “Any Individual Member, Club, District or Affiliate taking legal action against SSA without following the dispute resolution process, will have their membership immediately suspended.”

While 19.2 stipulates, “Any members resorting to court/legal action to resolve a dispute will automatically cease to be a member.”

The “constitutionality and validity” of the aforementioned sections of the constitution will be challenged by the mother at the high court at the start of December.

If the court finds that the sections are unconstitutional it could open a can of worms SSA would prefer to have sealed. Daily Maverick has heard several cases of SSA members and athletes outside of just diving who have not taken their cases to court over fear of termination of their membership.

According to the source, the mother felt compelled to approach the court because SSA refused to answer any questions regarding why their child was not selected.

Once she instituted the case, the mother was immediately verbally terminated from SSA although a written termination has not yet been submitted.

Silence has been a familiar bullying strategy by SSA to ensure compliance but a breakthrough victory for the mother could turn the fortunes for several athletes under SSA’s watch. Athletes would be able to take SSA to court without being fearful of the repercussions of their membership being terminated.

Not being a member of SSA means not being able to represent South Africa in swimming, open water swimming, diving, artistic swimming or artistic swimming.

Taking the fall

As the minor does not have the legal capacity to institute the proceedings against SSA, their mother, who happens to also be a member, had to initiate the case, through section 38(b) of the South African Constitution.

This has also meant that the mother is the only one to feel the brunt of SSA’s constitution while the minor athlete is free to represent the country.

SSA has, retrospectively added the minor athlete to the World Aquatics Junior Diving Championships squad. The reason for the late inclusion is unclear at this stage as SSA has not submitted any information. However, it claims it was a mistake on its end.

The young athlete is currently in Rio de Janeiro, preparing to face off against the rest of the world. DM

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Taking the fall