In March 5, 2020, President of Athletics Free State (AFS), Mr. Steven Swarts was included in the South Africa National Register of Sex offenders after being convicted by the court of law and sentenced for five years for unlawfully and intentionally committing an act of sexual penetration with his female athlete (Name with held).
Swarts who is the stepfather of World 400m record holder Wayde van Niekerk, was sentenced at the Bloemfontein Magistrate’s Court after being reported by the then 21-year-old athlete whom he used to coach.
The female athlete, who reported the rape incident at the Park Road Police Station in Bloemfontein, told the court that the incident took place at Eunice High School for girls on June 25, 2018 while Swarts was massaging her, an incident that led him to insert his fingers into her genitals without the consent of the said complainant and thus raped her.
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After honoring the court sermons in July 2018 and released on cash bail of R1 000, Swart, who was then the AFS vice president told News 24, that, “He gives all his athletes the same deep-tissue massage. He said the groin area is also massaged because this is where the thyroid gland drains. “I told her from the start that it would feel odd.”
While sentencing Swarts, the Bloemfontein Court found him guilty of the offence and sentenced him Under section 276 (1) (b) of act 51 of 1977 as amended, “the accused is sentenced to 5 years imprisonment, which imprisonment is suspended for a period of 5 years on condition that the accused is not during the time of suspension convicted of contravention of section 3 of the Criminal Law Amendment act 32 of 2007 (Sexual Offences and related matters).”
Before Swart was convicted of rape, his then AFS president Jantjie Theletsane and Kobus Steyn, chairperson of the AFS track and field commission told the journalists that the athletics body would act if there was any truth to the accusation.
When the hammer was knocked on the table and the an expected verdict was delivered, the entire AFS fraternity was caught in awe as the accused was sentenced and convicted of rape. The leadership of Athletics South Africa (ASA) and the entire board of AFS failed the entire nation and the athletics fraternity by not taking action of stopping him from continuing to lead AFS and running the affairs of his office nor his club. The Athletics leadership have been in the company of the accused for the entire period of his conviction by attendance of board meetings and hosting athletics events.
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Swarts and the leadership ASA did not inform its members about the rape conviction charge as they played deaf with the issue and continued with their day to day business.
Nine members of Athletics Free State brought this issue to the board and ASA, but they were told that the Rape Case was an extortion scheme and it was settled out of court, so they believed him (Swarts) because at the time they did not have the Court Documents, which made them to aggressively campaign for Swarts who overwhelmingly won the 2023 election and taking over the leadership of AFS.
Things went haywire when the nine members found out in May 2024, that the AFS president has been convicted for 5 years imprisonment (suspended), they tried to engage him but he became abrasive and very arrogant, pushing them away and even pulled himself away from their group.
The nine club members decided to engage the ASA leadership with a motive of having Swarts removed from office by a way of a vote of no confidence but they were repulsed by the acting CEO Terrence Magogodela who rubbished the weighty rape conviction by telling them to go back and resolve their matter at the provincial level as the main athletics body (ASA) has more pressing issues to handle.
Due to the weight of matter and threats dropping in quick and fast, two members; Tumelo Mothupi of Bizzah Makhathe Club and Wilfred Leeuw of SAPS club decided to drop out, leaving the fight to seven members namely; Teddy (Tadiyana) Semela(Dalrrd Athletics Club FS), Kantoor Nkoane (Nedbank Fast Legs Athletics Club), Olebogeng Mojaki (Mangaung Athletics Club), Sabata Moroane (Grootvlei Athletics Club), Rapelang Mafatle (MALUTI TVET Athletics Club), Victor Malejoane (Dream Team Development Athletics Club) and Goodman Mokhathi (Sibanye Stillwater Athletics Club).
On September 02, 2024, a letter from AFS was sent to the seven members through electronic transmission with a subject of suspending the said member indefinitely by illegally appointed AFS General Manager Kagiso Moletsane, whose appointment did not follow proper recruitment processes of advertising and conducting interviews. The two Club members Mothupi and Leeuw who dropped out were later acquitted after backing down.
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These suspensions were effected due to the fact that the seven members sent a letter dated July 05, 2024 to ASA acting CEO Terrence Magogodela, and copied to AFS general manager Kagiso Moletsane, requesting for the removal of AFS president who had been convicted in the court of law for rape and was serving five year sentence.
The seven members when requesting for the removal of Swarts had cited World Athletics constitution clause 65.4 (C) that states:
65.4 An applicant or Existing official will be ineligible if:
(C). Conviction: The person has been convicted by a relevant authority of any offence punishable by a term of imprisonment of two (2) or more years (weather or not a term of imprisonment is imposed) unless that person has obtained a pardon or has served the sentence imposed on them,”
The AFS constitution and ASA constitution does not address or mention the ineligibility of convicted persons, resulting in being inconsistent and in conflict with the World Athletics Constitution
The WA constitution clause 9 – Obligations of Members states that:
9.2 In the event of any inconsistency between the constitution, rules and regulations of a Member federation and the Constitution, rules and Regulations of WA, then to the extent of that inconsistency, the Constitution, Rules and Regulations of the World Athletics prevail.
WA constitution 9.1 states that each member federation shall:
(B). comply with this constitution and all Rules and Regulations.
(C). democratically elect or appoint its officers and executive body in accordance with the Rules and Regulations.
(F). Adopt a constitution, rules and regulations which comply with, and are not inconsistent with, this constitution, the Rules and the Regulations.
After arming themselves with the clauses from the WA constitution, the seven members have not been deterred by threats and intimidation and suspensions that were launched to them by the AFS office in collusion with ASA, the seven were suspended by the AFS disciplinary committee under the Acting Chairperson, Lizandre Mulder, who came up with verdict that carries a two year suspension effective from November 28, 2024 to November 27, 2026.
Athletics News further reached out to ASA president James Moloi, for a right of reply on the matter but he responded by sending the ASA Media Liaison Consultant, Sifiso Cele, who engaged us with a promise of getting back to us with comprehensive response on Tuesday before close of business but he had been given the nod on what to respond to, by the leadership.
Our team of investigators further went ahead to contact the convicted individual (Swarts) who rubbished us as he usually does according to our correspond in South Africa, with a threat of taking us to court with an OK emoji.
We further contacted ASA acting CEO Terrence Magogodela, who called back and assured of response but he has not reached back by the time of publishing this story.
We also made an effort of reaching out to Miss. Dulcy Modise who is the spokesperson for Free State Sports Confederation (FSSC), who our source had told us that Swarts had been rendered as a member not in good standing, but she also declined to talk us.
Kagiso Moletsane, whose appointment did not follow proper recruitment process of advertising and conducting interviews, never bothered to respond to our whatsapp message as he chose to remain mum.
Part two of these investigative pieces with roll around ASA president James Moloi on his failed leadership to act on a serious capital offence of rape, failing to adhere to WA laid down mechanism of leadership and the failed role of the Safe Guarding office. We will also explore on the WA response on this charges and the take from the World Athletics Vice-President for Africa, Gen. (Rtd) Jackson Tuwei.
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