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Swimming South Africa (SSA) is fighting back against Cape Town artistic swimmers Laura Strugnell and Jessica Hayes-Hill, who are looking to sue the federation for R7.2 million after being sanctioned by SSA and missing out on the 2024 Olympics.
The pair won their appeal against the federation for “its unlawful conduct” during the disciplinary appeal process where SSA claimed the swimmers contravened the SSA constitution at the Swimming Championships earlier this year.
Strugnell and Hayes-Hill were charged with “deceitful actioning of training protocol without management approval” at the Swimming Championships in Doha at the start of the year before they could take to the water.
They were subsequently sent home from the competition and missed out on an opportunity to qualify for the Paris 2024 Olympic Games.
“Whilst SSA respects the findings of the appeal panel insofar their criticism regarding the disciplinary process that was followed,” SSA told Daily Maverick, “that does not detract from the athletes’ deplorable conduct at the World Aquatics Championships in Doha, which brought SSA into disrepute and compromised the hard work of the rest of the artistic swimming team.”
The swimmers won their appeal against SSA’s decision to sanction them following a disciplinary process that was found to be “fundamentally unfair”, according to documents from the Gauteng Division of the High Court in Johannesburg.
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SSA declined to go into detail about what the actions of the swimmers were beyond claiming “deceitful actioning of training protocol without management approval”.
“SSA wishes to categorically state that it will not be drawn into a trial by media, nor does it intend making extensive statements regarding the matter until such time that a formal court document has been served on it.”
SSA said that despite the ruling, it would defend the action taken against the pair and that their “highly unprofessional conduct that led to their removal from Team SA will be exposed.”
Strugnell and Hayes-Hill are suing SSA for R7.2 million, and the amount they claim includes the costs for training for the next Olympic cycle, which the pair estimate to be around R1.3 million per annum, as well as R500,000 each for “the emotional distress, mental anguish and the reputational damage suffered”.
In response to the suit, SSA has sent a blanket warning to all of its members saying, “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.”
It’s anyone’s guess at the moment what “deceitful actioning of training protocol without management approval” entails, so we’ll keep an eye on the coming legal battle.
[source:dailymaverick]
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