A second disciplinary case brought forward by Swimming South Africa (SSA) against artistic swimmers Laura Strugnell and Jessica Hayes-Hill has been dismissed by an independent arbitrator. The case, which centered on alleged misconduct at the World Championships in Doha earlier this year, was dismissed on the grounds that the athletes were no longer members of SSA. This was due to their decision to take legal action against the federation, which, under SSA’s constitution, automatically results in suspension of membership.
SSA had initially accused the pair of “deceitful actioning of training protocol without management approval” at the World Championships in Doha, which doubled as the Olympic qualification event for Paris 2024. However, despite months of investigation and hearings, the exact nature of the alleged misconduct remains unclear. The athletes, who were prevented from participating in the event, were unable to compete for Olympic qualification, leading them to file a lawsuit against SSA for R7.2 million in damages.
In a significant ruling, the Gauteng Division of the High Court in Johannesburg had previously found that SSA had unjustly barred Strugnell and Hayes-Hill from the World Championships, thereby undermining their chances to qualify for the Olympics. In response, the athletes filed a legal claim against SSA, arguing that the decision had caused significant harm to their careers.
According to SSA’s constitution, any member who takes legal action against the federation automatically ceases to be a member. As a result, Strugnell and Hayes-Hill were no longer under SSA’s jurisdiction at the time of the disciplinary hearing, leading to the dismissal of the case.
This marks SSA’s second failed attempt to defend its actions against the swimmers. The first occurred after an appeal panel determined that the federation’s decision to withdraw the athletes from the World Championships was unfair. The athletes now plan to pursue a default judgment for their R7.2 million claim, as SSA has yet to file a defense.
In a separate case, the lawfulness of Section 19.2 of SSA’s constitution, which mandates the suspension of any member pursuing legal action against the federation, is also being challenged in court. A parent of a junior diver, who was suspended after suing SSA for excluding their child from the Junior Diving World Championships, is currently contesting the constitution’s validity in the Gauteng High Court.
SSA now faces ongoing legal battles, with its credibility and practices under intense scrutiny. The federation will have to decide on its next steps in the new year, as it struggles to address mounting legal challenges and a tarnished reputation.