Swimming SA hits back at competitors’ R7m legal suit

Swimming SA (SSA) on Thursday hit back at two artistic swimmers who are suing the federation for more than R7m, saying their actions at the world championships earlier this year were deplorable and unprofessional.

The federation also vowed to defend the civil suit instituted by Laura Strugnell and Jessica Hayes-Hill, added that the women’s legal challenge meant they were automatically suspended.

The pair had gone to the championships in Doha with an eye on qualifying for the Paris Olympics but were withdrawn before their first duet competition after being found guilty at a disciplinary process held in their absence.

Strugnell and Hayes-Hill appealed the disciplinary ruling where a panel found the process wasn’t “procedurally and substantively fair”.

In Qatar, Strugnell and Hayes-Hill were charged with “deceitful actioning of training protocol without management approval” and given less than two hours to prepare for a disciplinary hearing.

According to their papers lodged at the high court in Johannesburg, they asked for a postponement of the hearing, which resulted in an adjournment, but the next day they were informed they were being sent home.

SSA said it would not comment extensively “until such time that a formal court document has been served on it”.

“However, should such a formal summons be served on SSA, the action will most certainly be defended and the athletes’ highly unprofessional conduct that led to their removal from Team SA will be exposed.”

SSA said it also intended reviewing the decision of the appeal panel.

“While SSA respects the findings of the appeal panel insofar as their criticism regarding the disciplinary process that was followed, that does not detract from the athletes’ deplorable conduct at [the world championships] which brought SSA into disrepute and compromised the hard work of the rest of the artistic swimming team,” it added.

“SSA has taken legal advice and intends reviewing the decision of the appeal panel in the high court as SSA does not believe that it received an opportunity to present its case in that forum.”

The appeal judgment, which is part of the court papers submitted by the swimmers, states that SSA CEO Shaun Adriaanse asked for a delay to request witnesses, but this was denied on the grounds that the federation had had plenty of time. The appeal hearing was held in late June and the appeal had been lodged for mid-February.

SSA said the pending court case meant Strugnell and Hayes-Hill were automatically suspended.

“The membership of SSA is also reminded that initiating court proceedings against it without following the prescribed dispute resolution process in terms of its constitution amounts to an automatic suspension from the activities of the association pending finalisation of the court proceedings.”

Strugnell and Hayes-Hill are seeking about R1m for expenses incurred in preparing for the world championships, R5.2m for preparing for future international competitions until the 2028 Olympics in Los Angeles and R1m for “emotional distress, mental anguish and reputational damage”.

TimesLIVE