Convicted Rapist Runs Athletics Free State (ASA backs rapist; Athletes suspended for raising concerns)

In July 2024, a group of Free State athletes became aware that Steven Swarts, the President of Athletics Free State (AFS), had recently been convicted of raping a young track and field athlete and was also on the National Register of Sex Offenders. The group of nine athletes, representing their running clubs, filed a motion of no confidence in Swarts’ leadership to AFS and sent a letter of concern to Athletics South Africa (ASA). The AFS9 were summarily suspended by AFS for ‘bringing the organisation into disrepute’ and were completely ignored by ASA.

On 31 January, the AFS9 sent a lawyer’s letter to ASA, upon which they finally acted. A delegation consisting of all the senior ASA officials travelled to Bloemfontein for a meeting with Swarts and the AFS Board on Friday February 21 and then addressed all AFS running clubs the following day. ASA failed to meet directly and engage with the AFS9 to hear their side of the story and instead waited until a meeting with all AFS clubs the following day where they interrogated the AFS9 in an open forum and blamed them for raising issues and “having sour grapes”. At no stage did ASA address the main issue at hand – that a convicted rapist is holding the AFS presidency and is still in close contact with vulnerable young athletes.

Put into even simpler terms, a convicted rapist of a young athlete is being protected by the AFS and ASA Boards to remain in his position and those that have tried to get justice are being victimised.

Swarts is a prominent figure in athletics as he is the stepfather and current coach of Olympic Gold Medallist and 400m World Record holder Wayde van Niekerk. Swarts’ wife also sits on the AFS Board as Track and Field Chairperson.

Is Swarts a Rapist?

The short answer is “Yes”. He is a convicted rapist and his name is on the National Register of Sex Offenders.

I received a copy of the charge sheet from Swarts’ conviction (case number 18/857/18) which is included below (with the victim’s name redacted). Steven Swarts signed his conviction papers at the Bloemfontein Magistrates Court confirming that he was guilty of rape and sexual assault by inserting his fingers “into the genitals” of a track and field athlete to whom he was giving a “deep tissue massage”. The student was a hurdler with great promise but unsurprisingly has not pursued her athletics career further.

Based on news reports at the time, the circumstances surrounding Swarts’ sexual assault were that the incident occurred at the Eunice High School for girls on 25 June 2018. The victim was a 21-year-old female athlete whom Swarts was coaching. After a massage in which Swarts “inserted his fingers into her genitals”, the victim immediately laid a charge of rape and sexual assault at the Park Road Police Station in Bloemfontein.

Swarts, who was the Deputy President of AFS at the time, initially denied the allegation stating that he “gives all his athletes the same deep-tissue massage” and that “the groin area is also massaged because this is where the thyroid gland drains.” Furthermore, he reportedly, “warned the young woman that the massage would feel ‘odd’ and was shocked when he found out about the allegations.” Swarts also told Rapport newspaper that he’s been “coaching children for free for 20 years”.

However, at the court hearing approximately two years later, Swarts pled guilty to rape and sexual assault. He signed his conviction papers on 5 March 2020 but was able to escape jail time with the Bloemfontein Court sentencing him, “In terms of 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).”

The judge also ordered that Swarts be included on the National Register of Sex Offenders.

How Does a Convicted Rapist get Elected AFS President?

Whilst news reports from the time are surprisingly scarce, the rape charges were common knowledge amongst the closeknit Free State running community. In an article entitled, “Shocking allegation against well-known coach” in the little read Sedibeng Ster, Free State MEC for Sports, Arts, Culture and Recreation, Ms. Mathabo Leeto, condemned “in the strongest possible terms the alleged rape incident allegedly perpetrated by Athletics Coach, Mr. Steven Swarts” and that “she has undertaken to look into the precautionary suspension of the Coach from the above sport structures.”

So how does a Deputy President, who gets suspended when allegations of rape surface, get promoted to President once he’s actually convicted of rape? That is the bizarre world of South African politics and sports administration where no crime is too big to impede or stop the thirst for power and riches.

When Swarts’ nomination for the AFS Presidency was announced, a group of concerned running clubs (including the AFS9) approached Swarts to ask about the rape allegations from 2018. The smooth-talking Swarts explained the situation away saying that, “It was an extortion scheme against him and that he settled out-of-court.” Swarts claimed that he was forced into “giving the family over R1 Million rand of hush money” as part of the extortion and denied that he was ever convicted or given a sentence by the court.

On this basis. Swarts managed to get enough support at the AFS AGM and elevated his position from Deputy to President of the union.

Trying to get Swarts Blacklisted

In the middle of 2024, court documentation emerged showing that Swarts had lied about not being convicted and sentenced for rape and sexual assault. The AFS9 drafted, signed and sent a “Removal of / Motion of No Confidence in the President of Athletics Free State” to Kagiso Moletsane (AFS General Manager), Terrence Magogodela (ASA Action CEO) and Shuping Seboko (President of the Free State Sports Confederation – FSSC). Importantly, they were acting as representatives of their respective running clubs, not as individuals.

Note: The submission also included official court documentation confirming the Swarts rape conviction.

The AFS9 and the clubs they represent are listed below:

Kantoor Nkoane (Nedbank Fastlegs), Tadinyana Semela (DALRRD ACFS), 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).

ASA and regional athletics bodies fall under the jurisdiction of World Athletics (WA) rules with the WA constitution superseding any local constitutions. If there are gaps in local constitutions then the WA rules also apply.

The AFS9 highlighted WA constitutional clause 65.4(c) which deals with eligibility of athletics officials: Namely that an Applicant or Existing Official will be ineligible if, “the person has been convicted by a Relevant Authority of any offence punishable by a term of imprisonment of two (2) 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.”

This should be case closed for any reputable organisation. Sadly both the AFS and ASA Board members have found some grey area or mitigating circumstance known only to them allowing a convicted rapist to continue in his position.

The AFS9 motion also mentions a litany of additional allegations against Swarts including that AFS are not in good standing with the FSSC (backed up with documentation), that financials had not been produced or provided for well over a year, that the appointment of the AFS General Manager was irregular and had not followed due process, that funds were spent on renovations whist athletes representing AFS at various national events had to pay their own way, and that Swarts had set up and furnished an office for himself in the Mangaung Athletics Stadium without having any approval or mandate to do so. None of these appears to have been investigated by AFS or ASA despite being raised on many occasions.

Swarts Fights Dirty

The AFS Board immediately went on the offensive and responded to the AFS9’s motion by instituting disciplinary action against them, citing clause 19.5 of the AFS constitution that the AFS9 had “brought the organisation into disrepute”. That the AFS9 were representing their clubs did not matter to the AFS Board who issued a circular on 2 September 2024 stating that they had “unanimously agreed [sic] suspend the below members from all athletics activities with immediate effect pending an outcome of the investigation by the Disciplinary Committee.”

What was the crime of the AFS9? Including ASA in the correspondence when sending the motion of no confidence in their rapist president.

It should also be noted that one of the AFS9, Teddy Semela, was the democratically elected AFS Athletes Commission Chairperson. A core part of the role is ‘representing and advocating for the interests of athletes within a specific province’. Therefore, Semela was perfectly entitled to liaise directly with ASA and was essentially disciplined for ‘doing his job’.

Sadly no one on the AFS Board or ASA seemed to be the least bit concerned with the injustice meted out to the AFS9 who have been unable to run any races or qualify for Two Oceans and Comrades (which most of them have entered).

On 7 November, the AFS9 received a notice to appear before a disciplinary hearing from AFS General Manager Kagiso Moletsane (the same person who is alleged to have been appointed irregularly). The letter is so poorly written some paragraphs are difficult to decipher.

The AFS9 responded with a letter the next day containing seven points of contention detailing serious procedural and other irregularities in the disciplinary process. They also pointed out that they had repeatedly asked but had not been given the minutes, agenda and attendance register of the Board Meeting where they were “unanimously suspended”. This letter was never responded to.

Instead, they received a second “Notice to appear before the Disciplinary Committee” letter, this time signed by a “L Mulder”. The letter was written on an official AFS letterhead. At the time the AFS9 had no idea who “L Mulder” was but this was later determined to be Lizandre Mulder, a steeplechase athlete and student who does not appear to hold any official position within AFS. Neither AFS nor Mulder clarified her role, position, appointment or authority.

After receiving another letter from Mulder on 13 November, it became clear that the disciplinary hearing was a farce and that the fate of the AFS9 had already been decided. In particular, they objected to having been divided into 10 minute ‘judgement slots’. In a second response letter, the AFS9 decried, “Your 10 Minutes apart Hearing demonstrates that this is a witch-hunt as it has an element of procedural irregularity, you just want to give us your judgement. So we will not subject ourselves to such incompetency and the kangaroo court led by you trying by all means to get us to succumb to your handlers.”

Various other objections and procedural irregularities were also ignored by Mulder who failed to reply to the AFS9 or acknowledge their concerns. On 12 December, Mulder dished out guilty verdicts to the AFS9. The verdict is in itself rather a bizarre document and provides no evidence or substantiation for Mulder’s findings. Mulder listed three ‘guilty’ verdicts:

1.      That the AFS9 brought AFS into disrepute by raising the motion of no confidence stating that “the allegations carry no merit as there is no evidence provided in favour of these allegations”. In what universe is a signed court verdict (with sentencing) and entry onto the National Register of Sex Offenders not enough ‘evidence’?

2.      That they violated clause 27 of the AFS constitution by contacting ASA directly. I have included clause 27 below which is very ambiguous and does not mention ASA at all (not to mention that communicating with ASA is a core responsibility of Teddy Semela’s role as the elected and independent AFS Athletes Commission Chairperson).

I have not been able to make contact with Lizandre Mulder (and AFS have failed to provide the requested contact details either) but it appears that only a special kind of sycophantic idiot could come to the above conclusions. It also bears noting that she suspended the AFS9 for two years from the date of the finding and did not backdate the suspension to the original date of 2 September 2024 which is also procedurally incorrect.

From what I can gather, Mulder is a 3000m steeplechase athlete reliant on AFS for selection and funding and is also in serious financial difficulties having created a Back-a-Buddy page for the “hopeless situation” she finds herself in. As such, she is definitely not an unbiased participant and would be susceptible to manipulation.

ASA Apathy

So what has ASA been doing all this time. It’s a sad timeline of apathy and negligence.

Let’s go back to July 2024 when the AFS9 sent their original motion of no confidence together with the unequivocal proof of Swarts’ rape conviction and a document showing that AFS was not in good standing with the FSSC.

On 11 July all the documentation was sent to Acting ASA CEO, Terrence Magogodela. The AFS were transparent in their communication and included the AFS administrative email on their correspondence,

”The attached is the signed concern of at least 9 Clubs within the AFS Federation.”

Five days later Magogodela sent a non-committal reply,

“Kindly note that we will revert back to you”.

After a period of silence the AFS9 followed up and we’re told that ASA was ‘busy with the Olympics’ and would reply once the games were over. It should also be noted that Swarts also attended the Olympic Games (and was likely in contact with ASA officials) but it is unclear whether this was in an official capacity or privately and who funded the trip.

On 27 August the AFS9 sent another follow-up,

“As of today, it has been 41 Calendar days (including 28 Working Days) and 11 Working days (2 Calendar weeks) after the Olympics since you promised to get back to us without any specific date. Up until this far we haven’t received any progress regarding the attached matter.

We would appreciate that ASA attend to the attached and revert back to us by latest this coming Friday 30 August 2024. Failing which, we will have no option but to escalate and or seek other avenues to resolve this matter.”

30 August comes and instead of getting a reply from ASA, the AFS9 are served suspension letters from AFS. The AFS9 are of the opinion that ASA authorised their suspension with AFS.

The next email from the AFS9 to Magogodela on 3 September states,

“Good day Mr Magogodela (Acting CEO – ASA)

The below correspondence and attachments bears reference. We requested that ASA attend to our concerns by latest Friday 30 August 2024 but we (all Clubs Representatives that signed and supported the Motion) ended up getting and intimidation Notice to Suspend on Friday 30 August 2024 and subsequently the attached victimising Circular 27 to suspend us the Clubs Representatives.

We are of the opinion that you advised the AFS to issue the suspension (we allege) and we don’t take this kindly and lightly as it seems to be a retaliation to the motion.

We’d appreciate your urgent intervention by latest end of business tomorrow Wednesday 04 August 2024 to revoke or uphold the Circular 27 of AFS. Please note that should we not get any correspondence from ASA, ASA would have failed us dismally and we will take it that you have endorsed this victimisation (attached Circular 27) and we will have no option but to seek other avenues possible in order to get our concerns heard and attended to.”

On Friday 13 September, the AFS9 try to engage the FSSC in their plight,

“For attention: FSSC President,

We would like to bring this matter to the attention of the FSSC regarding our suspension and non-response from Athletics Free State (AFS) and Athletics South Africa (ASA). As per attached series of emails, ASA (Acting CEO Mr Magogodela) acknowledged our request for the Special General Meeting in the Free State and promised to get back to us since then. AFS then decided to suspend us after a month we requested the Special General Meeting for the Motion as per attached Circular 27.

We hereby request your urgent intervention on this matter as our rights to request a Removal/Motion as per the AFS Constitution are oppressed by suspending us.

We appreciate your intervention on this matter.”

To their credit, the FSSC issued a statement to ASA, AFS and the AFS9 confirming that AFS was not in good standing “based on non-compliance with the Safeguarding Policy”, implored AFS to resolve the dispute with the AFS9 and gave AFS a deadline to provide the FSSC with a report within 14 days. The FSSC also offered support “including the appointment of a mediator/s at the cost of the FSSC to resolve the dispute.” This offer appears to have been ignored by AFS.

The FSSC letter seems to have prompted Magogodela into as much action as one can expect from an ASA official. He sent the AFS9 the following,

“Your email is noted. The matter was discussed at the board  and kindly note that this is a provincial matter and should be resolved there before  it is brought to Athletics South Africa  for mediation.”

There is a nonsensical statement from Magogodela. As AFS President, Swarts has a clear conflict of interest in this ‘provincial matter’ and cannot judge himself. And all the while the AFS9 are prevented from participating in any races because of their suspension.

It should also be noted that Magogodela is no stranger to being on the wrong side of the law. He was found guilty by the Special Investigating Unit (SUI) of stealing funds from the National Lottery Commission meant to build sports facilities and instead channelled them into his home, “The SIU’s investigations into the NLC found that Magogodela signed the NLC application form for funding to construct athletics tracks in the Northern Cape. On the form, he indicated that he was the project Coordinator for Inqaba Yokulinda, but he was neither the project coordinator nor a member of Inqaba Yokulinda. The funding application, the business and implementation plan, and an endorsement letter from ASA* were submitted to the NLC. Mr Magogodela channelled the NLC funds towards a property in Gauteng.”

* This is perhaps an whole story in itself. How can someone who is the Acting CEO of ASA, who uses ASA’s own stationery to help facilitate his fraud, keep his job and not be fired?

He did this while he was ASA’s Acting CEO. Magogodela’s continued employment at ASA only increases the perception that ASA is a den of thieves and that corruption is endemic within the institution.

In the interim, the AFS9 tried to engage with ASA President James Moloi but he took no action.

On 23 October. AFS General Manager Kagiso Moletsane sends a “Letter of Response” to ASA’s Magogodela stating,

“Dear Mr Terence

With reference to letters sent the office by Mr Semela and other members. AFS would like to notify you that the matter is being handled by Disciplinary Committee. A report will be sent once the Committee has concluded

We trust that you find this in order.”

Essentially, this letter is saying that they are not investigating the evidence that Swarts is a convicted rapist nor that of any financial irregularities but are instead taking the AFS9 through the disciplinary process for having the audacity to object to having a rapist and sexual predator as their president. Magogodela is apparently all good with that.

The AFS9’s next follow-up is met with the following reply from Magogodela,

“My email dated 13 September refers

We have indicated that the matter should be finalised at the provincial level platform before  any ASA involvement

Also see attached letter from Free State athletics for your further attention.

The President has delegated me to deal with the matter  and we are awaiting report by Free State Athletics as indicated in the letter”

Clearly Magogodela is someone who needs no reminding about washing his hands clean after passing a massive bowel movement.

The AFS9 conclude this exasperating series of correspondence on 30 October with,

“Good day Mr Magogodela,

Your response is noted with great concern.

In our last letter to you we went at length about our issues, however, the response of AFS you replied with is responding to something we raised last. Moreover, the issue is a result of the issues we raised and it seems your Office is not interested in dealing with it. We are now convinced that you are covering up this matter, hence you are only focusing on the disciplinary actions and its results but nothing to do with the pertinent matters which are the origins of the dispute.

We are so disappointed in how you are handling this matter. Firstly you said you will deal with it after the Olympics and we had to remind you to deal with it. Instead, you referred the matter back to the accused and the implicated (AFS President and General Manager) to deal with a dispute that is directly pointing at them. How do you let the accused judge their own case? This is a procedural irregularity.

We are of the view that you are not willing to handle this matter with urgency it deserves and as such, we request that you please refer the matter to the Dispute Resolution Chamber on an urgent basis.”

As we know, the AFS9 were subsequently found guilty and banned from all athletics for two years on trumped up charges and illogical findings.

Arbitration Doesn’t Work but Lawyers Do

When accused of various nefarious misdeeds, misconducts and misdemeanours, ASA and their regional bodies try to hide behind the arbitration process. Whilst there is definitely merit in avoiding costly avoidable legal battles, the reality is that the arbitration process is a farce and the legal route is usually the only option for aggrieved athletes.

Having exhausted all internal processes, the AFS9 mustered up the finances to get legal representation and on 31 January the below letter was sent from Hill, McHardy & Herbst Attorneys to Magogodela. The attorneys gave Magogodela seven days to respond and, what do you know, suddenly ASA were able to organise a special meeting with AFS for 21-22 February.

ASA sent their full leadership team to Bloemfontein. However, if they had any commonsense, they left it behind in Johannesburg.

Apart from Magogodela, the ASA delegation included President James Moloi, Vice President Shireen Noble, Road Running Chairperson Enoch Skosana and Athletes Chairperson Hendrik Mokganyetsi and Ntathu Gwadiso. They met solely with Swarts and the AFS Board on Friday 21 February. At no stage did they make contact with any of the AFS9 to understand the context of their complaints, the issues at hand or get their side of the story.

Said the AFS9, “When someone comes and puts their grievance to you, you listen to both sides. ASA didn’t bother to speak to us. In addition, the ASA guys acted like they’d never seen the letter we sent them in July last (and repeatedly followed-up on). They planned that they were going to protect their guy [Swarts] by all means. We are losing confidence in them.”

The next day’s meeting on 22 February was called between ASA and all clubs in the AFS region (i.e. there was no separate meeting with the AFS9 or the clubs represented by the AFS9). The meeting was chaired by Moloi and the AFS Board (including Swarts) was present. Shortly after the meeting concluded, I spoke to the AFS9 who were congregated together in a hotel room.

They expressed disappointment and disillusionment in the meeting and felt like it had been a stitch-up job, “We have a big problem with today’s meeting because we see this is a cover up. The meeting was planned to be a divide and rule amongst the clubs. Instead of dealing with the real issue [having a convicted rapist as president] we were interrogated. They didn’t cover any discussion about Swarts’ ineligibility or the issues we raised.”

The ASA delegation focused on the election process and told the AFS9 that they were out of line because, “you elected him [Swarts] knowing that he was convicted.” The AFS9 explained that they had asked Swarts about the rape case and Swarts assured them that there was no sentence or conviction. During the meeting the AFS9 said that they were “treated like we are the ones in the wrong” and told that they “have just got sour grapes.”

The AFS9 feel that, with ASA elections being held at the end of May and Moloi announcing that he’s running for another term (but expected to face some strong challengers), “James Moloi wants a second term so he wants to please everyone who he thinks will vote for him. He doesn’t care what will happen, he just wants a second term.”

The one positive from the meeting was that the AFS9’s suspensions have temporarily been lifted but they were told that the suspensions might be reinstated again. ASA have promised to come back to the AFS9 on 16 March.

Nepotism & Protectionism

During an investigation on an unrelated matter, I was told by a well-placed source that ASA Board positions are highly dependent on ‘bringing sponsor money into the organisation’. Swarts’ family connection to Wayde van Niekerk (Swarts is his stepfather and refers to himself as his “dad” in interviews) and potential sponsor money related to the van Niekerk-brand may be another factor protecting this sexual predator from accountability.

Wayde van Niekerk recently returned from the USA to Bloemfontein and named his stepfather as his coach. I have reached out to van Niekerk’s agent as to whether van Niekerk is ware that his stepfather and coach is a convicted rapist and whether van Niekerk has any concerns with this.

Odessa Swarts, Steven Swarts’s wife and Wayde van Niekerk’s mother, is also on the AFS Board as Track and Field Chairperson. One wonders how she can condone being married to a convicted rapist. Based on well-reported cases of grooming and facilitation by the partners of sexual predators and that Swarts’ victim was a track and field athlete, this is something that should certainly be investigated.

The AFS9 also pointed out that the Vice President of AFS, Leonard Jingose, is assistant director at the Free State Department of Justice, “He knows what’s going on. He knows this is wrong. He is protecting him [Swarts]. We expected better from him.”

Steven Swarts’ daughter, Kayla, is flourishing as a dual field hockey and rugby sevens national player. Meanwhile, the 21-year-old girl who was molested and abused by Swarts has disappeared from the athletics track. Sadly, this appears to be just another sickening case of a man in power abusing his position and getting away with it, continuing to give his “deep tissue massages” and “thyroid gland groin drains” to unsuspecting victims.

Despite a rape conviction, there has been no ‘justice’ for Swarts’ 21-year-old victim. There have been a long series of injustices for the AFS9 who have bravely tried to stand up to power. The question remains, what will it take to get Steven Swarts and his slippery fingers out of athletics for good?

Right of reply emails were sent to Steven Swarts, Odessa Swarts, Leonard Jingose and the administrative address of AFS as well as to James Moloi and Terrence Magogodela from ASA. A courtesy letter explaining the contents of this article was sent to Wayde van Niekerk’s agent. No responses were received at the time of publishing.

Afterword: Where is the Safeguarding?

In another case of do as I say, not as I do, serious questions have to be raised about ASA and SASCOC’s implementing of World Athletics’ mandatory safeguarding controls and protocols.

If you feel that this situation deserves the notice of and action from the WA Integrity Unit you can file a complaint here: https://webform.clue.co.uk/AIU-REPORT-01

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