Key Points
- Swimming South Africa’s court bid to block SAWP was dismissed.
- The court affirmed SAWP’s right to exist and operate.
- The case highlights growing demand for athlete-led governance.
The Western Cape High Court has dismissed an urgent application by Swimming South Africa against the newly established South African Water Polo NPC, a body formed to address what many see as chronic mismanagement within the sport.
The judgment, delivered electronically by Judge IJ Cloete on 18 June 2025, laid bare the tensions gripping the water polo community and underscored a significant shift towards self-governance among its players.
Swimming South Africa, the recognised governing body for aquatic sports under the National Sport and Recreation Act, sought to prevent South African Water Polo NPC from asserting authority over water polo in the country, arguing that the latter’s rise threatened its control established since 1992. However, the court highlighted crucial distinctions between the rights of established national federations and the legitimacy of emerging organisations like South African Water Polo NPC.
Judge Cloete stated, “The applicant has misconceived the nature of its right.” He clarified that Swimming South Africa cannot indefinitely monopolise governance due to its historical status.
Reform born of frustration
The court heard compelling evidence from respondents, who include players and administrators, confirming the formation of South African Water Polo NPC was born out of necessity, sparked by what they termed “a shambolic state” in South African water polo.
Despite Swimming South Africa’s objections, the court acknowledged the need for a body that could operate exclusively for the sport of water polo; it will rectify perceived shortcomings in Swimming South Africa’s administration which critics say favours swimming over other aquatic disciplines.
South African Water Polo NPC was established in February 2025 with the mission to foster development and competitive success for water polo players, a goal solidified by support from various water polo stakeholders. The interim CEO, fifth respondent Matthew Kemp, articulated that the intentions of South African Water Polo NPC are to engage the broader water polo community and ultimately apply for recognition from World Aquatics, the international governing body for aquatic sports.
The ruling further clarified that Swimming South Africa had failed to demonstrate a “clear right” to interdict South African Water Polo NPC’s operations or governance, a critical aspect for any legal authority to merit judicial protection in a case of this nature. The court confirmed that South African Water Polo NPC is not contravening any regulations, nor is it purporting to take over Swimming South Africa’s established functions.
#Conviction
Get your news on the go. Click here to follow the Conviction WhatsApp channel
