Swimming South Africa (SSA) is embroiled in an ongoing legal battle with a disgruntled parent, which could lead to a wave of similar cases against the federation if the court rules in favor of the parent.
The dispute began when a mother took SSA to court on behalf of her child, who had qualified for the World Aquatics Junior Diving Championships but was inexplicably excluded from the squad. SSA has claimed that the exclusion was an “accidental” error, but it has not yet provided any evidence to the court supporting this claim.
Membership Termination and Legal Action
Following the legal action, SSA immediately terminated the mother’s membership, as outlined in the federation’s constitution. Section 14.3 of the SSA constitution states that any individual member who takes legal action without following the dispute resolution process will have their membership suspended. Section 19.2 goes further to declare that members resorting to court action will automatically cease to be members of SSA.
The termination of the mother’s membership, despite the child being reinstated to the team, is now being challenged in the Gauteng Division of the High Court in Johannesburg. The court will decide whether SSA’s action was lawful or unconstitutional.
Potential Far-Reaching Implications
If the court finds the relevant sections of the SSA constitution unconstitutional, it could have widespread implications for other athletes and members who fear retaliation for taking legal action. Reports suggest that several athletes and members of SSA have refrained from pursuing legal cases against the federation, fearing termination of their membership and the inability to represent South Africa in various aquatic disciplines.
This case highlights a larger issue within SSA, where athletes and members often feel silenced or bullied into compliance due to the threat of losing their membership. The mother’s case, which challenges these constitutional provisions, could set a precedent that would empower others to take legal action without the fear of repercussions.
Resolution and Athlete’s Participation
Despite the ongoing legal battle, SSA has retroactively added the minor athlete to the World Aquatics Junior Diving Championships squad. The reason for the late inclusion remains unclear, with SSA claiming it was a mistake on its part. Nonetheless, the athlete is now in Rio de Janeiro, preparing to compete on the world stage.
The outcome of this case could significantly impact how SSA handles disputes in the future, especially in cases where athletes or members seek justice through legal channels. If the mother prevails, it could shift the balance of power within the federation, offering greater protection to athletes who wish to challenge SSA’s decisions.
