Swimming South Africa hits back at pending lawsuit by artistic swimmers, claiming ‘deplorable conduct’

Swimming South Africa (SSA) has struck back at artistic swimmers Laura Strugnell and Jessica Hayes-Hill, who are looking to sue the federation for R7.2-million after being sanctioned by SSA.

SSA claims that despite the artistic swimming pair winning their appeal against the federation for its unlawful conduct during the disciplinary appeal process, the swimmers nonetheless contravened the SSA constitution at the Swimming Championships earlier this year.

“Whilst SSA respects the findings of the appeal panel insofar their criticism regarding the disciplinary process that was followed,” SSA said in a statement sent to Daily Maverick on Thursday, “that does not detract from the athletes’ deplorable conduct at the World Aquatics Championships in Doha, which brought SSA into disrepute and compromised the hard work of the rest of the artistic swimming team.”

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The artistic swimming pair were charged with “deceitful actioning of training protocol without management approval” at the Swimming Championships in Doha at the start of the year, before they could take to the water.

They were subsequently sent home from the competition and missed out on an opportunity to qualify for the Paris 2024 Olympic Games.

However, the pair won their appeal against SSA’s decision to sanction them following a disciplinary process that was found to be “fundamentally unfair”, according to documents from the Gauteng Division of the High Court in Johannesburg.

Tight lipped

Before the publishing of SSA’s statement, Daily Maverick provided the swimming federation’s Chief Executive Officer, Shaun Adriaanse, with the right of reply. Adriaanse, however, declined to respond.

Instead, the swimming federation has stated that it “will not be drawn into a trial by media”.

“SSA wishes to categorically state that it will not be drawn into a trial by media, nor does it intend making extensive statements regarding the matter until such time that a formal court document has been served on it,” its statement read.

It also claimed to be prepared to defend its actions in Doha despite being sued for R7.2-million by Strugnell and Hayes-Hill.

“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 SA will be exposed,” it said.

SSA has not expanded on what the actions of Strugnell and Hayes-Hill were beyond “deceitful actioning of training protocol without management approval”.

‘Emotional distress’

The R7.2-million includes the costs for training for the next Olympic cycle, which the pair estimate to be around R1.3-million per annum, as well as R500,000 each for “the emotional distress, mental anguish and the reputational damage suffered”.

SSA, though, has also issued a threat to its members that not following the procedures laid out in its constitution for initiating court proceedings will amount to “an automatic suspension”.

“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,” its statement read.

The swimming federation is not taking the decision of the appeal laying down either.

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

In the court documents, Adriaanse’s request for a delay to proceedings in order to request witnesses was denied by the appeal panel. This was due to the fact that Adriaanse had more than four months to request witnesses. DM