Swimming SA hits back at artistic swimmers who are suing for R7.2m

Swimming South Africa (SSA) on Thursday hit back at the two artistic swimmers who are suing the federation for R7.2m, calling their actions at the world championships earlier this year deplorable and unprofessional.

The federation vowed to defend the civil suit instituted by Laura Strugnell and Jessica Hayes-Hill and added the legal challenge meant the swimmers were automatically suspended.

The two had gone to the global showpiece in Doha looking to qualify for the Paris Olympics, but were withdrawn before their first duet competition after being found guilty in a disciplinary process staged in their absence. The two appealed the disciplinary ruling where a panel found the disciplinary process was not “procedurally and substantively fair”.

In Qatar, Strugnell and Hayes-Hill were charged with “deceitful actioning of training protocol without management approval” and were given less than two hours to prepare for a disciplinary hearing.

According to their papers lodged at the high court in Johannesburg, they asked for a postponement, which resulted in an adjournment, but the next day they were informed they were being sent home.

SSA said in a statement it would not comment extensively “until such time that a formal court document has been served” on it. “However, should such a formal summons be served on SSA, the action will most certainly be defended and the athletes’ highly unprofessional conduct that led to their removal from Team South Africa will be exposed.”

SSA said it also intended reviewing the decision of the appeal panel. “While SSA respects the findings of the appeal panel, insofar their criticism regarding the disciplinary process that was followed, that does not detract from the athletes’ deplorable conduct at [the world championships] which brought SSA into disrepute and compromised the hard work of the rest of the artistic swimming team.

“SSA has taken legal advice and intends reviewing the decision of the appeal panel in the high court, as SSA does not believe it received an opportunity to present its case in that forum.”

The appeal judgment, which is part of the court papers submitted by the swimmers, stated that SSA CEO Shaun Adriaanse asked for a delay to request witnesses, but this was denied on the grounds that the federation had had plenty of time to arrange witnesses.

The appeal hearing was held in late June and the appeal had been lodged in mid-February.

SSA added that the looming court case meant both Strugnell and Hayes-Hill were automatically suspended. “The membership of SSA is also reminded that initiating court proceedings against it without following the prescribed dispute resolution process in terms of its constitution amounts to an automatic suspension from the activities of the association, pending finalisation of the court proceedings.”

Strugnell and Hayes-Hill are demanding nearly R1m in expenses preparing for the world championships, R5.2m for preparing for future international competitions until the 2028 Olympics in Los Angeles, and R1m for “emotional distress, mental anguish and reputational damage”.