Swimming SA vs SA Water Polo - landmark body governance battle set to begin in high court

Swimming South Africa CEO Shaun Adriaanse. (Photo: Steve Haag / Gallo Images)

13 May 2025

Swimming South Africa’s attempted interdict against South Africa Water Polo for, among other matters, ‘interfering with governance and administration’, will be heard at the Western Cape Division of the High Court on Wednesday.

Swimming South Africa’s (Swimming SA’s) legal battle to enforce an interdict against South Africa Water Polo (SA Water Polo) begins on 14 May at the Western Cape Division of the High Court.

Swimming SA initially sent a cease and desist letter, via its attorneys, to SA Water Polo on 19 March requesting that the new governing body “immediately desist from holding itself out to be the custodian and administrator of water polo in the Republic”.

Megan Sileno of South Africa defends during the World Aquatics Championships 2023 Women’s Water Polo match against Italy on 18 July 2023 in Fukuoka, Japan. (Photo: Albert ten Hove / Orange Pictures)

This came after SA Water Polo issued a letter of intent seven days previously, stating its formation as a new governing body was “dedicated to advancing the game at all levels”.

In this letter, posted on social media, SA Water Polo outlined that it was “not a breakaway” water polo faction, governed by Swimming SA, instead calling it an “empowered evolution” of the sport in the country.

Swimming SA, meanwhile, argued that SA Water Polo “has been established in contravention of the Sports and Recreation Act, our client’s Constitution as well as the Constitution of Sascoc [South African Sports Confederation and Olympic Committee] – (and the Olympic Charter)”.

This will be argued in court.

Swimming SA, in its initial cease and desist letter, demanded that SA Water Polo’s letter of intent be retracted and that the newly formed group post a separate article in which SA Water Polo “confirm that water polo is solely administered” by Swimming SA.

SA Water Polo did not bow to these legal demands – the matter is now in the hands of the Western Cape Division of the High Court.

Swimming SA, in its cease and desist letter, claims SA Water Polo is “passing itself off as the organiser and administrator of water polo in the Republic”.

Swimming SA has also claimed that SA Water Polo has encouraged the boycotting of Swimming SA events and is interfering with its administration of water polo, a claim the new group has vehemently denied.

Shakira January of South Africa during the World Aquatics Championships 2023 Women’s Water Polo match against Greece on 16 July 2023 in Fukuoka, Japan. (Photo: Albert ten Hove / BSR Agency / Getty Images)

A positive court outcome for SA Water Polo could set a welcome precedent for several other sporting organisations that struggle to elect new leaders under the current structures. Swimming SA also oversees swimming, open water swimming, diving and artistic swimming.

South Africa’s sporting fraternity has a leadership problem – which Sascoc president Barry Hendricks has admitted – and this could open the door for other sporting codes.

Swimming South Africa CEO Shaun Adriaanse. (Photo: Steve Haag / Gallo Images)

State of play

SA Water Polo, according to the affidavits submitted by its members, many of whom are currently still registered members of Swimming SA, is not seeking governance of water polo.

Instead, its ambitions lie in helping to organise the structures of the sport for it to improve.

SA Water Polo does, however, seek to apply for membership at World Aquatics to continue the development of the sport.

SA Water Polo argues that with the evolution of the sport, which has become increasingly more professional, Swimming SA’s ability to administer the sport is failing.

Last year, Swimming SA withdrew the national men’s and women’s teams from the Paris Olympic Games despite both sides obtaining continental qualification. The decision was devastating to several players and support staff, who had sacrificed careers and studies for the Games.

This, among many other factors over the past few years, has emboldened SA Water Polo to organise and attempt to ensure that the sport runs smoothly.

SA Water Polo has opened registration for water polo players, officials and coaches and at this stage has accumulated more than 750 signatures. The new organisation plans to use the proof of membership, which exceeds Swimming SA’s water polo membership, in its attempt to become a member of World Aquatics — the international aquatics board.

SA Water Polo has not yet applied as it continues to hold out the hope of working alongside Swimming SA which, it hopes, will end in a “peaceful transfer of authority to SA Water Polo to run water polo in South Africa”.

Whether SA Water Polo’s application will be accepted by World Aquatics is being disputed.

While Swimming SA argues that the Sascoc constitution and the Sports and Recreation Act designate and protect it as the sole governing body of the sport, SA Water Polo argues that Swimming SA has no innate right to that position, which should be held by an organisation with the best interests of the sport at heart.

Swimming SA has also claimed, through the affidavit of chief executive Shaun Adriaanse, that its “statutory rights under the National Sport and Recreation Act are threatened with irreparable harm” because of SA Water Polo. DM

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State of play