A bitter dispute underpinned by, among other aspects, a shameful sexual offence has plunged Athletics Free State (AFS) into a state of turmoil.
At the centre of the dispute are nine members currently suspended, and the incumbent president, Steven Swarts, who was elected during the federation’s annual general meeting (AGM) held in November last year.
The suspended members are also representatives of clubs affiliated to the AFS.
Served with a suspension letter on 2 September, they are: Kantoor Nkoane (Nedbank Fastlegs), Tadinyana Semela (Department of Agriculture, Land Reform and Rural Development, or the DALRRD), Olebogeng Mojaki (Mangaung AC), Sebata Moroane (Grootvlei), Victor Malejoane (Dream Team), Goodman Mokhathi (Sibanye Stillwater), Tumelo Mothupi (Bizzah Makhate), Rapelang Mafetle (Maluti TVET) and Wilfred Leeuw (South African police).
The AFS board informed them that their suspension from participation in all activities of the federation was unanimously agreed upon, pending an outcome of the investigation by the federation’s disciplinary committee.
Apparently, they were suspended after publicly expressing no confidence in Swarts – and further demanding he resign from the position of president, alluding to the fact that his five-year suspended sentence for a sexual offence is still in effect.
Aggrieved members accused Swarts of unduly clinging onto his power. In addition are allegations of the mismanagement of federation funds and nepotism.
Swarts was sentenced to five years’ imprisonment, suspended for the same period, on 5 March 2020.
This emerged after he tendered a guilty plea regarding the rape of a then 23-year-old female athlete in 2018 at the Eunice High School for girls. It was reported the incident happened while he was giving the woman a massage. At the time, Swarts was the deputy president of the AFS.
According to Semela, spokesperson for the aggrieved group, Swarts was not eligible to serve the federation, giving the reason that he was still serving his sentence. Semela referred to the World Athletic Constitution, referencing to the clause, “(65.4 An Applicant or Existing Official will be Ineligible if: among others: c. Conviction: the person has been convicted by a Relevant Authority of any offence punishable by a term of imprisonment of two or more years (whether or not a term of imprisonment is imposed) unless that person has obtained a pardon or has served the sentence imposed on them).”
In a letter of demand, also addressed to Athletics South Africa (ASA), Semela pointed out that members became aware of Swarts’ sentence for rape this year, further alleging that during the campaign for leadership for the AFS and the federation’s AGM Swarts did not disclose he was still serving a suspended sentence, which made him ineligible to stand for election and serve in the federation.
However, Swarts has strongly refuted claims of wrong-doing on his part.
“There is no substance, in that this issue was dealt with before the election took place and the electoral officials were well aware of the eligibility status of all nominated members.
“The elections were delayed by one month as the eligibility of all nominated members were finalised by the ASA and the previous AFS board. The final list and decision based on the constitution was disseminated to all members.
“Again, the AFS sought legal advice from the ASA legal department to ensure that all members were protected and aligned to the eligibility criteria for membership and elections,” said Swarts.
He has also dismissed allegations of nepotism and misuse of funds of the federation, responding to allegations that due recruitment processes were not followed to appoint a general manager.
In the event of Swarts’ accusation of rape in 2018, Mathabo Leeto, former MEC of Sport, Arts, Culture and Recreation, announced the suspension of Swarts from the positions of AFS deputy president, board member of the Free State Sport Confederation, and the Commissioner in the Free State Academy of Sport.
