By Lehlohonolo Lehana.
Swimming South Africa (SSA) has lost its legal bid to shut down the emergent body South Africa Water Polo (SAWP).
SSA — the body responsible for swimming, water polo, diving and artistic swimming — had wanted to interdict SAWP, accusing the new body of passing itself off as the national federation responsible for water polo and interfering in its running of the sport, among other things.
Western Cape Division of the High Court Judge Judith Cloete found that SSA “does not have an exclusive right in perpetuity to govern or administer the sport of water polo in South Africa”.
SSA, as the currently recognised national federation for aquatic disciplines including water polo, by both the National Sport and Recreation Act (NSRA) and World Aquatics, sought to prevent SAWP from attempting to administer or govern water polo in South Africa and from interfering in SSA’s affairs.
Judge Cloete found this to be against both the framework established in (or by) the NSRA and against South Africa’s Constitution.
“The definition of ‘national federation’ in the NSRA makes no mention of only one national governing body being permitted to qualify as such in South Africa,”Judge Cloete said in her judgment.
“Although the definition refers to ‘a national governing body’ it does not necessarily follow that there can be only one such body for all aquatic disciplines in this country.
The applicant (SSA) cannot seriously suggest that the respondents (SAWP) do not have the constitutionally entrenched right to freedom of association contained in section 18 of the Bill of Rights, and that the same applies to any individual water polo player wishing to join the respondents.
“The Constitutional Court has made clear that freedom of association is a fundamental right which protects against coercion, enables individuals to organise around particular areas of concern, and to hold both public and private bodies to account.
“The right has dual content in that it allows for a person to freely associate (the positive element) as well as to decide not to associate at all (the negative element).
“In addition, section 16 of the Bill of Rights entrenches the right to freedom of expression subject to certain exclusions, none of which are applicable in the present matter.”
SAWP was formed in early 2025, after many senior coaches, referees, administrators and players, including Olympians and world champions from around South Africa, lost faith in SSA to represent the interests of the sport.
Following the judgment, SAWP interim CEO Robbie Taylor said: “This win is important validation of the local water polo community’s mission to restore purpose and world-class excellence to the sport we love so much.
“For the first time in a long time, the polo community is truly excited about the future again. We’re ready to put South Africa back on the map as a water polo-playing country with teams that are well prepared and are given every possible opportunity to succeed.
SSA acknowledges the judgment handed down on 18 June 2025 by Judge Cloete in the matter concerning the governance of aquatic sports in South Africa,” the statement read.
“As the officially recognised national federation responsible for swimming, water polo, artistic swimming, diving and open water swimming, SSA is currently reviewing the full implications of the ruling in consultation with our legal team. The federation will determine its next steps after due deliberation at board level.