Swimming SA takes new water polo body to court amid interference claims

Swimming South Africa (SSA) is seeking an urgent court interdict to block the newly formed South African Water Polo (SAWP) group from what it says is interfering in the running of the aquatic discipline in the country.

SSA CEO Shaun Adriaanse alleged SAWP — formed by disgruntled water polo enthusiasts — was purporting to run the sport and was disrupting his body's efforts to select and prepare players ahead of a continental tournament in Zimbabwe next month, and even the world championships later this year.

SSA named 14 respondents in papers before the Cape Town high court, most of them directors and interim executive committee members of the new body, including former national women’s team coach Delaine Mentoor and respected sports lawyer Matty Kemp.

SAWP was established by disgruntled water polo enthusiasts who felt SSA was not managing water polo properly, particularly after — despite qualifying — the national men’s and women’s water polo teams were not sent to the Paris Olympic Games. SAWP stated their intention was to get recognition from the national federation and work alongside it.

SSA runs water polo, swimming, artistic swimming and diving and enjoys recognition from both World Aquatics and the South African Sports Confederation and Olympic Committee (Sascoc).

In some countries the individual aquatic disciplines are managed separately, but Adriaanse said in an affidavit that this couldn’t be applied to South Africa.

“This provision cannot be invoked, because this is not a matter where there are separate bodies governing various disciplines of aquatic sports. Instead, there is one body recognised for all aquatic sports — including water polo — being SSA. 

“[SAWP] is not recognised at a local, provincial, national or international level.”

He added that the South African regulation of sports existed within an international framework and not within a vacuum. “A sporting federation ... must be affiliated with the relevant international federation, which is in turn a member of the International Olympic Committee.”

Adriaanse said an SAWP letter had stated its intention to take over the running of water polo and was looking to appoint selectors and coaches, create a new registration system for players and officials and arrange high-performance camps, tournaments and even international tours.

The CEO said all these functions fell under the ambit of SSA.

“It bears mention that SSA was alive to the challenges within the sport of water polo and was taking formal steps to address these challenges,” added Adriaanse, refuting claims that the federation was not tackling these concerns.

He pointed out that SAWP was in contravention of the National Sports and Recreation Act as well as the Olympic charter.

“The respondents are passing off [SAWP] as if it has the authority of SSA to administer the sport of water polo, which they do not.

“The conduct of the respondents not only infringes on the interests of SSA, which has the responsibility to administer and ensure safety within all aquatic sports, including water polo; it also jeopardises the interests of athletes who would not be able to qualify for, or compete in, international events within an entity that exists in parallel to the only national federation for aquatic sports that is recognised by Sascoc and World Aquatics, namely SSA.”

Adriaanse also said that SAWP could cause “irreparable harm” by “unlawfully competing” with SSA and declaring itself to be the administrative authority of the sport.

“It has continued to attempt to divert the members of SSA to itself, [and] is in the process of creating its own register of athletes, coaches, referees and other officials, which would inevitably comprise the same pool of talent and skill SSA is dependent upon.”

SAWP had called on people to boycott SSA events and ignore all SSA communications, he claimed.

He said SAWP had blocked notification of selections for an African Aquatics water polo tournament in Harare next month. “SSA does not communicate this to athletes directly, but instead communicates via its provincial affiliates, their districts and their clubs, who in turn communicate the selection of the teams to athletes.”

Some of these “substructures” had affiliated themselves to SAWP, Adriaanse said.

He added that SAWP’s conduct was affecting SSA’s efforts to select a team and prepare athletes for the world championships in Singapore later this year.

SSA said going to court was its only option because SAWP was not recognised by bodies with dispute resolution mechanisms, such as Sascoc and World Aquatics.