It appears that it wasn’t a good day in court for Swimming South Africa last week as it continue to take legal action against the newly formed South African Water Polo (SA Water Polo).
Contradictory statements and back-and-forth arguments with Judge Judith Cloete seemed to dominate the latest hearing in the case, according to South African newspaper Daily Maverick.
Swimming SA is seeking a cease-and-desist application against SA Water Polo to stop if from existing. SA Water polo was launched in March with the intention of assuming governance to revitalize the sport, but not to fully break away from Swimming SA. A final decision in the case might take as long as three months.
Appearing in front of Judge Cloete on May 21, Swimming SA conceded that SA Water Polo didn’t need its consent to exist, which contradicted an original argument for an interdict against the water polo body.
Swimming SA has contended that it should be the only recognized national aquatics body in the country, and argued in court that SA Water Polo was trying to become a national federation.
Law in South Africa states that there can be only one national federation, but there can be several national bodies. Judge Cloete said that SA Water polo never purported to be a national federation, only a national body.
Swimming SA later conceded that SA Water Polo was a parallel body not passing itself off as the administrator of the sport.
“Given Swimming SA’s acceptance of SA Water Polo as a national body, why then was Swimming SA asking for an interdict against SA Water Polo if it recognized its right to exist?” Judge Cloete asked in the hearing.
Swimming SA argued that SA Water Polo interfered with SA’s governance by recruiting water polo members to join SA Water Polo.
Judge Cloete later said that no specific evidence had been provided by Swimming SA on why members had left, so SA Water Polo couldn’t be blamed.
Swimming SA also attempted to argue merits for SA Water Polo’s future application for membership into World Aquatics, but Judge Cloete ruled it wasn’t relevant to the current court case and that World Aquatics would have to decide on the application.
In November, a faction of SA Water Polo started a movement to break off from Swimming SA, citing poor treatment of the sport and its members, including not allowing the men’s and women’s water polo teams to compete at the Paris Olympics.
The teams met the World Aquatics qualification criteria as the highest-ranked African team, but Swimming SA had an internal criteria of finishing in the top 12 at the World Championships, which neither team achieved.
The faction shared a document listing grievances with Swimming SA, such as a lack of financial support and little water polo representation in decision-making.
The faction had opposition from within the water polo community, especially players who were worried about missed career opportunities.
