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Legalbrief   |   your legal news hub Monday 06 May 2024

Gymnast wins first round to represent SA

SA’s Sports Confederation and Olympic Committee has lost the first round of its legal battle against one of the country’s top gymnasts in her bid to go to the Commonwealth Games in Australia next month. The Citizen reports Sascoc asked the court to throw out an urgent application by rhythmic gymnast Shannon Gardiner (18) – even before the merits could be argued – claiming she was asking the court to order it to ‘do the impossible’ and that she should have cited two other gymnasts who were chosen to take part in the games as respondents. Judge Elizabeth Kubushi, however, ruled against Sascoc, saying Gardiner was not asking the court to replace the two who were chosen as SA’s representatives at the games, but wanted Sascoc’s decision not to send her set aside and to force Sascoc to take ‘all steps necessary’ to send her as well. The judge said the rights of the other gymnasts were not affected by what Gardiner was asking and there appeared to be a possibility of an appeal to the Commonwealth Federation to allow SA to send a team of three gymnasts, rather than two individual gymnasts, even though the outcome of such an appeal was not certain. Sascoc insisted the date for individual entries had already closed and that SA would not be allowed to take an extra athlete, despite any court order that may be granted, and argued that gymnasts were not included in the deadline for team entries. The report notes judgment was reserved.