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Swimming South Africa dives into court battle with newly formed water polo body

Swimming South Africa dives into court battle with newly formed water polo body
Cameron Laurenson of South Africa during the World Aquatics Championships 2023 Men's classification 13th-16th place match between Argentina and South Africa on July 23, 2023 in Fukuoka, Japan. (Photo by Albert ten Hove/BSR Agency/Getty Images)
Swimming South Africa has stated that it is the only recognised national aquatics body in the country and would like to keep it that way by interdicting and restraining South African Water Polo.

Swimming South Africa (SSA) has lodged an urgent application at the Western Cape Division of the High Court in Cape Town to stop the newly formed South African Water Polo (SAWP) from operating — in its ambitions of becoming the national administrators of water polo in the country.

Last week, SSA sent the SAWP a cease and desist letter in an effort to have the new autonomous body – composed of disgruntled members of the South African water polo community – remove social media posts in which it signalled its intent of administrating the sport.

SSA has called the SAWP an illegitimate organisation because it was “established in contravention of the Sports and Recreation Act”, SSA’s Constitution, as well as the Constitution of South African Sports Confederation and Olympic Committee (Sascoc) and the Olympic Charter.

The SAWP did not comply with SSA’s cease and desist letter and is, consequently, facing legal action from SSA.

SSA listed 14 respondents in its notice of motion. Among them are the interim executive committee members of the SAWP, such as interim CEO Robbie Taylor, current chairperson of Cape Town Water Polo Duncan Woods, current chairperson of Nelson Mandela Bay Water Polo Sieg Lokotsch, and former SA Women’s Water Polo head coach and player Delaine Mentoor.

The 14th respondent is Sascoc, but as outlined by SSA CEO Shaun Adriaanse’s affidavit, no relief is sought from them, “it is cited for the interest it has in these proceedings as the national sports confederation under the NSRA (National Sport and Recreation Act)”.

Megan Sileno of South Africa during the World Aquatics Championships 2023 Women's Waterpolo match between South Africa and Italy on 18 July 2023 in Fukuoka, Japan. (Photo: Albert ten Hove / Orange Pictures)


Battlegrounds


Adriaanse cited the NSRA, Sascoc’s constitution, World Aquatics’ constitution as well as the Olympic Charter as to why SSA is the sole head of water polo.

Adriaanse, however, recognised that World Aquatics’ constitution does allow for more than one national body in a country “that separately govern various disciplines of the aquatic sports”, but noted that that would not apply in South Africa.

Besides water polo, SSA also oversees swimming, artistic swimming and diving in the country.

“This provision cannot be invoked because this is not a matter where there are separate bodies governing various disciplines of the aquatics sports,” Adriaanse said.

“Instead, there is one body recognised for all aquatic sports – including water polo – being SSA.

“The first respondent (SAWP) is not recognised at a local, provincial, national or international level.”

This is currently what the SAWP is on the road seeking to achieve, casting around for recognition, firstly at a national level – which comprises both local and provincial – before looking for recognition through World Aquatics.

World Aquatics’ constitution outlines that it will recognise the federation based on the “needs of the athletes of [a] country”. The federation which carries the most support from athletes will be recognised by World Aquatics as the administrator of water polo in South Africa.

Adriaanse purports that because SSA is a member of Sascoc and currently the only federation “responsible for the sport of water polo that is affiliated with World Aquatics” that “no other entity in South Africa may become a member of World Aquatics”.

Cameron Laurenson of South Africa during the World Aquatics Championships 2023 Men's classification 13th-16th place match between Argentina and South Africa on 23 July 2023 in Fukuoka, Japan. (Photo: Albert ten Hove / BSR Agency / Getty Images)


‘Embarrassment’


In the SAWP’s letter of intent, it stipulated that it would work in tandem with SSA to help the sport run more smoothly. However, it was clear in stating that if SSA would not work with it, it would “take the sport forward”.

“Water polo in South Africa is currently at a standstill, and it will remain so until it is run properly,” the letter read. “The failures are very well documented and occur where Swimming South Africa (SSA) exerts influence, specifically at the development level and at the high-performance level.

“With the support of the vast majority of the community, from all of you who attended the town halls and voted for this, to the organised structures represented by the Chairs of most Regions and all of Masters (an overwhelming majority of the community), we are extremely excited to start the process of taking water polo forward.”

SSA and Adriaanse have, however, vehemently opposed their existence.

“The respondents have no right to continue to operate in parallel with SSA,” Adriaanse’s affidavit read.

“They may not do so under the NSRA, or under the constitution and rules of World Aquatics and the IOC.

“Their actions are detrimental to the sport of water polo and to the interest of athletes.

“The respondent is deliberately misleading the public into believing that they are the saviours of water polo and its members will gain entry to international competitions and even represent the country which is simply not the case.

“They have embarked on a concerted programme to criticise and discredit the administration of this discipline of aquatics, ostensibly to benefit financially from their venture.

“The SAWP has put out communications for members to join their federation, having also canvassed for support last year, but with SSA still currently in charge of water polo, they are aiming to shut down any such efforts.

“They are on a widespread fundraising drive and must have secured major sponsorships to sustain their efforts and their venture.

“Unfortunately for their members and sponsors, the reality is that they are simply being hoodwinked and lulled into a false sense of patriotism to a toothless entity with no real powers of administration or recognition.”

SSA has called on the matter to be urgently looked into by the Western Cape Division of the High Court in Cape Town as “each passing day in this matter will result in further confusion for athletes and stakeholders in the sport of water polo”, Adriaanse said.

“The embarrassment created by the first respondent may even jeopardise SSA’s relationship with World Aquatics.”

SSA has requested to have the case heard by 2 April.

According to various sources at the SAWP, it welcomes the opportunity to go to court, where SSA’s management and administration will come under scrutiny. DM