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Western Cape High Court Rules That South African Water Polo Organization Has Legal Right to Exist Challenging Swimming South Africa’s Authority

Polo
Polo

In a country where sports federations are often plagued by controversy and mismanagement, something unprecedented just happened.

South Africa’s water polo scene was turned upside down when the Western Cape High Court delivered a legal blow to Swimming South Africa (SSA), ruling in favour of a breakaway organisation that had had enough of the dysfunction.

A Major Embarrassment for Swimming South Africa

The legal battle came to a head when Swimming South Africa tried to block the formation of South African Water Polo (SAWP), a group established by frustrated coaches, players, and officials. But the court wasn’t having it.

In a humiliating defeat for SSA, the judge confirmed that SAWP has every right to exist as an independent entity—and that SSA doesn’t have an eternal monopoly on the governance of water polo in the country.

According to sports journalist Clinton van der Berg on his ‘Got Game’ blog, the court not only supported SAWP’s legitimacy but also reinforced their right to associate freely, as protected by the Constitution.

Why SAWP Was Formed in the First Place

SAWP didn’t just emerge out of nowhere.

It was born out of sheer frustration with how the sport was being run.

Disillusioned by years of what they describe as poor leadership, lack of support, and governance failures, this group decided it was time to do things differently.

While SSA is still technically the recognised body for water polo in South Africa, this ruling changes the landscape.

It opens the door for SAWP to potentially become the new national authority—especially if they can prove they’re more competent and transparent than the current regime.

A History of Neglect and Controversy

SSA’s troubles didn’t start with this court case. They’ve been brewing for years.

Just last month, they failed to acknowledge the passing of Joan Harrison, South Africa’s first Olympic swimming champion.

And during the Tokyo Olympics, Tatjana Schoenmaker won gold—and SSA didn’t say a word on social media.

The federation has also seen its share of governance issues.

Current president Alan Fritz has reportedly overstayed his constitutional term limit, raising eyebrows and ethical concerns.

And then there’s the shocking case of artistic swimmers Jessica Hayes-Hill and Laura Strugnell.

After being booted from the 2024 World Championships under unclear disciplinary actions, they fought back—and won, slapping SSA with a R7.2 million lawsuit.

Internal Chaos and Legal Headaches

SSA claimed the swimmers were sent home due to “deceitful actioning of training protocol without management approval”—a charge so vague that it’s hard to take seriously.

Even worse, SSA admitted their constitution included an unconstitutional clause forbidding members from suing the federation.

That clause, they now say, will be changed.

But it’s not just about legal documents.

The bigger issue, according to critics, is the ongoing lack of proper communication, leadership, and support—especially for aquatic sports outside of swimming. The dysfunction seems systemic.

A Warning for Other Federations

What this court ruling really signals is a warning to all sports bodies: people are tired of bad governance.

And if federations can’t clean up their act, don’t be surprised if new structures rise up to take their place.

In a country already grappling with sports administration scandals—think financial mismanagement and lack of accountability—this could be the beginning of a wider movement.

The legal system has now shown that it will side with those who demand change.

Time for Government to Step In?

With this kind of dysfunction becoming the norm, one can’t help but wonder: where’s the oversight? Should Sports Minister Gayton McKenzie step in and take a firmer stance on cleaning up these federations?

It’s a moment of reckoning. The cracks in the system are no longer hidden—and those demanding reform aren’t backing down.