San Ġiljan ASC’s proposal would bar the Russian-born player from playing as a Maltese player for Neptunes
Malta national team water polo player Ivan Nagaev has filed a judicial protest in the Civil Court against the Aquatic Sports Association of Malta and its member clubs over a motion by San Ġiljan ASC seeking to ban the Russian-born player from playing in local competitions as a Maltese player.
San Ġiljan’s motion, which was signed by all the top clubs bar Neptunes, is set to be discussed during Saturday’s Extraordinary General meeting.
Late last year, Nagaev was granted a Maltese passport on merit by the authorities, making him eligible to play for the national team at the European Championship finals in Belgrade in January.
A few days after he received his Maltese passport, Nagaev was snapped up by Neptunes and was expected to play for the Balluta Bay club in the summer championship with the same status as a home-grown player.
According to the ASA regulations, each water polo club can have only one foreign player on their books.
San Ġiljan are proposing that every club should have only one non-homegrown player on their books.
However, in their motion, San Ġiljan are proposing that homegrown players are those who participated in ASA-recognised local junior competitions for a minimum of three full competitive seasons between the ages of 12 and 20.
Added to that, any player who was eligible to participate in senior competitions as a Maltese national up to the end of season 2025, under the statutes and regulations then in force, may continue to be registered and fielded as a home-grown player.
Since Nagaev did not play with a homegrown status in last season’s competition, he will become ineligible to play as a Maltese player, forcing Neptunes to field their player as a foreign player.
However, Nagaev is fighting this motion and, in his judicial protest, is contending that the motion is discriminatory as it was only presented after his transfer to Neptunes.
Nagaev is arguing that the motion is proposing the creation of two categories of Maltese players, which are home-grown and non-home-grown, while it limits the use of non-homegrown players to one permanently at all times in the water.
The judicial protest also says that the motion is introducing a transitional clause that restricts home-grown status for those eligible until the end of the 2025 season.
“The proposal is discriminatory and disproportionate since it creates a distinction between Maltese citizens on an arbitrary basis and without a legitimate justification,” it said.
“Thus, the proposal breaks the principle of equality before Maltese law as well as the EU fundamental rights on equal treatment, as well as freedom of movement for workers.”
The judicial protest warns the ASA and the members of the council against voting in favour of this motion, which is ‘discriminatory and against the rules’, and will keep them responsible for any harm caused by the implementation of the proposal.
Sources have told the Times of Malta that the Authority for Integrity in Maltese Sport has written to the Aquatic Sports Association of Malta, identifying governance considerations and indicating that the matter may be subject to review within its statutory mandate.
The Times of Malta also asked ASA Malta about their position on the matter, and the governing body of aquatic sport said it was premature to declare its position on the matter.
The Association received a request for an amendment, which request has been analyzed legally from various fronts, including our legal team,” the ASA said.
“This request will be tabled in our forum in terms of our statute. A discussion will be held behind closed doors.
“At this point, it would be very premature to declare any final position, especially since there are no positions as yet.”
Should the motion be approved, it would set a very serious precedent in Maltese sport, as after 2015, San Ġiljan and Exiles were able to field French-born player Aurelien Cousin as a Maltese player after he received a Maltese passport to represent the national team in the European Championship finals.
Added to that should the motion goes through it could have a serious implication on other sport, in terms of the eligibility of athletes with a Maltese passport.
At present, in disciplines like football, there are several players who hold a Maltese passport and who play in their national competitions and are recognised as home-grown players.
Nagaev is being represented by lawyers Ramona Attard and Arthur Azzopardi.
