An independent arbitrator has dismissed the second disciplinary case brought by Swimming South Africa (SSA) against artistic swimmers Laura Strugnell and Jessica Hayes-Hill. The athletes had been accused of misconduct at the World Championships in Doha earlier this year, where SSA claimed they had engaged in “deceitful actioning of training protocol without management approval.”
Despite months of investigation and hearings, the exact nature of the alleged misconduct remains unclear, with SSA yet to fully explain what was meant by the “deceitful actioning of training protocol.”
Dismissal of Case
The disciplinary hearing, which took place in November, was dismissed on the grounds that Strugnell and Hayes-Hill were no longer members of SSA after they took legal action against the federation. According to SSA’s constitution, any member resorting to legal action automatically ceases to be a member, thus leaving SSA without jurisdiction over the athletes.
Legal Battles and Olympic Qualification
The dispute traces back to September when the Gauteng Division of the High Court in Johannesburg ruled that the pair had been unjustly barred from competing at the World Championships in Doha. The Championships also served as the Paris 2024 Olympic qualifier for artistic swimming, and their exclusion deprived them of a chance to qualify for the Olympics.
In response, the athletes filed a lawsuit against SSA for R7.2-million in damages, citing the unjust decision that denied them their Olympic qualification opportunity.
SSA’s Failed Defenses
This is the second time SSA has failed to defend its actions against the athletes. The first came after an appeal panel ruled that SSA’s decision to withdraw Strugnell and Hayes-Hill from the World Championships was both procedurally and substantively unfair.
SSA has yet to mount a defense against the athletes’ ongoing R7.2-million lawsuit, despite being aware of it for several months. As a result, Strugnell and Hayes-Hill are now seeking a default judgment, which would force SSA to pay the athletes the damages they are seeking.
Ongoing Legal Challenges
In addition to the lawsuit filed by Strugnell and Hayes-Hill, SSA is facing another legal challenge regarding the lawfulness of Section 19.2 of its constitution. A parent, whose child was excluded from the Junior Diving World Championships despite qualifying, is challenging the constitutionality of this section in court. This provision automatically suspends any member who pursues legal action against SSA, including the parent in this case.
SSA’s constitution, which has come under scrutiny in recent months, is expected to face further legal tests in the new year, as the organization grapples with its internal and external legal battles.
