Swimming SA and SA Water Polo prepare to do battle in high court on 14 May

Daily Maverick

24-04-2025

Swimming South Africa's attempts to restrain an autonomous water polo body will be heard by a high court judge next month.
South Africa Water Polo (SAWP) and Swimming South Africa (SSA) are due to meet in court next month for a judge to determine whether the former is allowed to continue to operate following a cease-and-desist letter sent by SSA.
A successful outcome for SAWP could mean a body other than SSA overseeing the sport in South Africa for the first time, which would come as a relief for SAWP's members, who make up the majority of the country's water polo fraternity.
Affidavits from SSA and SAWP have been filed in court and are on the public record as the two groups prepare to meet in the Western Cape Division of the High Court in Cape Town on 14 May.
SSA is seeking an interdict to restrain SAWP from behaving as if 'it had the authority to govern or administer the sport of water polo in South Africa' and to stop the group from instructing people to boycott SSA events.
Matthew Kemp, an attorney and an SSA member, is one of the respondents named by SSA. Kemp has called SSA's application 'factually and legally baseless', claiming that SAWP has not claimed to be the authority of the sport and has not called on SSA members to boycott events.
In his 92-page affidavit, Kemp recognises SSA as the governing body of aquatic sports (water polo, synchronised swimming, open water swimming, swimming and diving) in South Africa, as set out by World Aquatics.
However, Kemp said that as water polo has professionalised and evolved, 'its administrative development requirements have become increasingly distinct from those of swimming', and the team sport requires an administrative body dedicated to its 'specific needs'.
A new body
Kemp said SSA had 'no legal basis to interfere with the work now to be undertaken by SA Water Polo in the way which it seeks to do so in this application' because:
SA Water Polo is not a member of SSA — which is a voluntary association;
SA Water Polo is not a national federation as defined by the National Sport and Recreation Act 110 of 1998; and
SA Water Polo is not a national federation recognised by World Aquatics.
As per SAWP's initial letter of intent, Kemp purported that SAWP was not a breakaway organisation, but rather an 'emergent organisation', which had invited SSA to collaborate.
'But, if [SSA] does not cooperate, [SAWP] will ultimately seek to replace [SSA] as the internationally recognised body responsible for water polo in South Africa.'
It plans to do this by applying to World Aquatics to be recognised as the governing body of the sport in SA, which World Aquatics' constitution permits, with the needs of the athletes of a country being the determining factor.
Back and forth
Shaun Adriaanse, SSA's CEO, in his 10-page affidavit in response to SAWP, said, 'a significant portion of Kemp's affidavit is focused on criticising the applicant's administration of the sport of water polo'.
He said this was not relevant to the court proceedings and 'should be disregarded'.
Despite noting that the governance of SSA was not what was being challenged in court, Adriaanse said SSA 'took heed of concerns that were being raised regarding the administration of aquatics, including water polo, and established an operations committee to support the administration of water polo'.
He said the governance model of the sport was not being challenged, and 'should be left to be determined by the members of the applicant through the appropriate mechanisms'.
These mechanisms, such as going to World Aquatics and Sascoc, are what SAWP intends to do, as laid out in Kemp's affidavit.
Adriaanse said SAWP was 'actively interfering in [SSA's] administration and governance of the aquatic discipline of water polo, or at least are intent upon doing so'.
He said SAWP 'intend to take over the administration and governance of water polo, despite the fact that they have no right under our law to do so.
'They have no right to wrest the governance of water polo from the existing (locally and internationally recognised) federation that is responsible for its control and administration.
'That decision must come from within the sport, and they must first get recognition from Sascoc and World Aquatics, which they have not even applied for.'
According to what SAWP has outlined, its first point of call is not to apply for recognition but rather to engage with SSA to work together. If that fails to materialise, SAWP will seek recognition from World Aquatics.
'SA Water Polo has the overwhelming support of the largest and most active entities responsible for administering the sport of water polo at local level, including Gauteng Water Polo, Cape Town Metro and Winelands Water Polo, Nelson Mandela Bay Water Polo, and SA Masters Water Polo,' said Kemp. DM