Minister Gayton McKenzie washing his hands of the ongoing crisis at Swimming South Africa (SSA) after the country’s most decorated Olympic swimmer, Tatjana Smith, announced that she will henceforth swim for the Netherlands is a feeble attempt to evade his responsibilities.
Minister McKenzie’s main argument is that it is not his fault that athletes are struggling and that, as Sport Minister, he cannot interfere in the affairs of sports federations.
In response, the Freedom Front Plus (VF Plus) wrote a letter to the Minister, pointing out that he legally has the power – and is, in fact, legally obliged – to intervene when sports bodies are dysfunctional, when public funds are misused and when national sports are brought into disrepute to athletes’ detriment. (Find the complete letter at the end of this statement.)
In the letter, the Freedom Front Plus advises the Minister to obtain a legal opinion on the matter, whereby he will be compelled to act. The party will also submit written parliamentary questions to the Minister’s Office regarding the dispute in terms of section 13 of the National Sport and Recreation Act referenced in the Freedom Front Plus’s letter. <br/>
The National Sport and Recreation Act and the Public Finance Management Act (PFMA) provide clear mechanisms and prescriptions for ministerial intervention, withdrawing sports bodies’ recognition, and/or withholding funding when these organisations perform inadequately and fail athletes.<br/>
The Freedom Front Plus acknowledges that a fine balance needs to be maintained due to the strict rules of international sports bodies, such as World Aquatics and the International Olympic Committee, against government interference in national federations.<br/>
It is, nevertheless, imperative that the Minister uses his statutory powers in terms of the PFMA and section 10 to enforce financial accountability, and cooperate with World Aquatics’ existing investigative team.<br/>
Here follows the complete letter addressed to the Minister:
Subject: Urgent intervention required: Managerial and accountability failures at Swimming South Africa (SSA)
I am writing to you, deeply concerned about the state of Swimming South Africa (SSA) and the circumstances surrounding Tatjana Smith’s decision to henceforth compete under the banner of the Netherlands, rather than representing South Africa in future sporting events.
It is particularly disturbing that one of South Africa’s most decorated athletes feels she has no future in the country she has represented with such distinction. Reports of prize money being withheld, athletes being expected to personally fund their participation in international competitions, and serious managerial issues within SSA raise important questions about the federation’s management and accountability.<br/>
While I acknowledge that national sports federations must have a degree of independence, it does not mean that they are above accountability, especially when they receive state funding. Such funding comes from public sources and must, therefore, be subject to proper oversight and accountability. The Department is responsible for ensuring that the funds allocated to federations are used for their intended purposes in compliance with the relevant conditions. In the case of SSA, it is clear that funding is not reaching athletes.<br/>
The National Sport and Recreation Act 110 of 1998, as amended by the National Sport and Recreation Amendment Act 18 of 2007, provides for ministerial intervention in certain circumstances. In terms of section 13, the Minister may intervene in a dispute, alleged mismanagement, or related matters that are likely to bring a sport into disrepute. This may include referring the matter to mediation or issuing a directive. If a federation fails to comply with the mediator’s decision or the Minister’s directive, the Act provides that funding may be withheld and the federation’s recognition withdrawn, subject to the prescribed procedures.<br/>
Section 10 also deals with the funding of sport and recreation and demands acceptable administrative standards from recipients of state funding, and provides for funding restrictions where federations misuse state funding or fail to meet certain development requirements.<br/>
Furthermore, the Public Finance Management Act 1 of 1999 obliges departmental accounting officers to ensure that public funds transferred to other entities are subject to appropriate financial management requirements and conditions. It also requires compliance with those conditions and provides for oversight of how such funds are used. The Treasury’s regulations further provide for the monitoring of transfers and subsidies, including reporting, audits and performance reviews, and allow for funding to be withheld in certain circumstances where conditions are not met or agreed-upon objectives are not achieved.<br/>
Section 14 of the National Sport and Recreation Act also authorises the Minister to issue regulations on various matters, including the funding and recognition of sports bodies. This includes high-performance sports, which clearly applies to swimming as an Olympic sport.<br/>
I also wish to ascertain whether the Department has received any formal written notices from Swimming South Africa or the South African Sports Confederation and Olympic Committee (SASCOC) regarding disputes within the federation relating to Tatjana Smith, as provided for in section 13 of the Act. If such notices have been received, I would appreciate any information you can provide on what steps have been taken in response.<br/>
In light of these provisions, I urge you to urgently obtain legal advice on the full extent of your powers and responsibilities as well as all available avenues to address the situation at SSA. I would, furthermore, appreciate it if your Department would establish the extent of state funding allocated to SSA, review the conditions related to that funding, and determine whether the federation has complied with its obligations. The Department should also consider whether formal intervention in terms of section 13 is justified, in accordance with the requirements set out in the Act.<br/>
It is important that the persons in SSA’s management who are responsible for the shameful violation of the rights and well-being of our top swimming athletes, to the point where they feel they can no longer properly compete under our proud national flag, are held to account and dealt with accordingly.<br/>
By taking decisive action, you will demonstrate your commitment to protecting South African athletes and holding sport federations accountable. As the guardian of South Africa’s sport, arts and culture and head of the Department, you have the opportunity to show the public that such failures will not be tolerated on your watch.<br/>
Allowing the situation to continue will undermine public confidence in your leadership. It is, therefore, crucial that you take action to boost public confidence and demonstrate that athletes’ interests are prioritised. South Africa should not lose its top athletes due to failures within the very structures that are supposed to support them.
I would appreciate it if you would urgently attend to this matter, and I would be grateful if you could indicate what steps you intend to take in response.<br/>
