By Kouthar Sambo
Elite artistic swimmers Jessica Hayes-Hill and Laura Strugnell were purportedly sent home unlawfully from the World Championships in Doha, Qatar, held from 2 to 18 February 2024. The event would have given them a chance to qualify for the Olympic Games.
Events Leading Up to the Legal Battle
After being sanctioned and sent home by Swim South Africa (SSA), Hayes-Hill and Strugnell took legal action and won their appeal. The duo then sued SSA for R7.2 million, citing financial losses incurred due to their removal.
According to a summons seen by VOC News, SSA had appointed coaches Wendy Buitendag and Kelly Sloley as part of the Artistic Swimming Team’s staff. However, on 1 February—just a day before the World Championships—the swimmers were called to a disciplinary hearing and charged with “deceitful actioning of training protocol without management approval.” They claim they were given no time to prepare a defence.
The Legal Battle Against SSA
Following the charges, the pair found themselves in a state of confusion, as SSA failed to provide a clear reason for their sanction. To date, SSA has not explained the grounds for their removal.
David Burrows, the attorney representing Hayes-Hill and Strugnell, told VOC News that the matter remains ongoing.
“There were two disciplinary hearings—one related to their conduct in Doha in February 2024, and another regarding further allegations of the same matter. A senior counsel and acting judge served as an arbitrator. The swimmers successfully defended themselves on jurisdictional grounds,” said Burrows.
Summarizing the legal process, Burrows outlined three key points:
• The swimmers won their initial disciplinary case.
• They also won the second disciplinary hearing and arbitration.
• They are now suing SSA for R7.2 million for “unlawful conduct.”
“The previous legal battles, both disciplinary hearings on the same matter, were ruled in their favour as it was found that SSA acted unconstitutionally,” Burrows confirmed.
SSA’s Response
SSA’s National Convenor of the Disciplinary Committee, John Slater, told VOC News that recent reports on the case are “misleading.”
“They disrupted the team representing the country in an Olympic qualifying event and undermined the integrity of the dedicated training and management staff. Sending them home was the only viable option, as their actions severely compromised the chances of their remaining teammate qualifying for the Olympics,” SSA stated.
SSA dismissed the swimmers’ lawsuit as an exaggerated claim for damages.
“Rather than facing a legally constituted disciplinary hearing—where over 40 charges were brought against them—they argued that they had expelled themselves from SSA’s jurisdiction, thereby avoiding disciplinary action,” SSA said.
SSA also claimed that Strugnell had an opportunity to clear her name at the hearing but “chose to run away from the overwhelming allegations of serious misconduct.”
“Strugnell remains expelled and is of no value to the organized swimming fraternity,” SSA asserted.
They further alleged that the swimmers’ legal action had not progressed because they were avoiding the risks of challenging their expulsion.
The Way Forward
“As a way forward, we want to succeed in our legal action while also supporting the athletes’ careers,” Burrows stated.
He added that SSA had attempted to suspend the swimmers, but they triggered Clause 19.2 of the SSA Constitution, which states that any member resorting to legal action will automatically cease to be a member.
“As a result, both athletes are no longer members of SSA and are ineligible to compete in sanctioned events. Since they are suing SSA, they cannot participate in competitions while the matter remains unresolved,” Burrows concluded.
This remains a developing story.
Photos: Supplied
