The Use of Performance – Enhancing Substances
By Jolane van der Walt-Nieuwoudt (LLB) (LLM)
Professional athletes dedicate their lives to pushing the boundaries of physical excellence, striving to achieve greatness through hard work, dedication, and perseverance. Unfortunately, the pursuit of excellence has occasionally led to an unethical path of doping. The use of performance-enhancing substances and methods in sports has marred the integrity of competitions, jeopardized the health of athletes and shaken the very foundations of fair play.
The global sports community has recognized the gravity of the issue of performance enhancing substances and the importance to maintain the essence of clean and equitable competition. What followed is a comprehensive framework of rules, regulations, testing protocols, and educational initiatives aimed at eradicating doping practices in sports.
In South Africa, the South African Institute for Drug-Free Sport (SAIDS) is the primary organization responsible for anti-doping efforts in South Africa. It operates independently and is recognized by the South African government and international sports organizations. SAIDS has established anti-doping rules and regulations to align with the World Anti-Doping Agency (WADA), which is the global standard for anti-doping efforts.
Keep in mind that non-compliance with WADA’s anti-doping standard could led to sanctions, including South Africa being banned from flying our national flag at a World Cup. This dismal prospect plagued both the Rugby and Cricket World Cup during mid-October 2023.
Thankfully SAIDS, as the signatory of WADA, successfully halted the October 2023 flag ban by formally disputing the allegation of non-compliance. This notice of dispute means the matter is referred to the Court of Arbitration for Sport (CAS) which could take a few months to rule on the matter. The aforesaid provides the South African government time to pass updated anti-doping legislation.
The beautiful South African flag will therefore accompany the Springboks in France on the Rugby World Cup Field on Sunday 15 October 2023, and our flag will also be sported by the Proteas on Tuesday 17 October 2023 at the Cricket World Cup held in India. South Africa’s 2027 bid to host the 2027 FIFA Women’s World Cup should also remain unaffected.
Testing Protocols
SAIDS conducts both in-competition and out-of-competition doping tests on athletes across various sports. In-competition testing occurs during sporting events, while out-of-competition testing can happen at any time and location, including athletes’ training facilities or residences. Athletes are selected for testing based on various criteria, including performance, ranking, and suspicion of doping.
According to Mr. Galant, the CEO of SAIDS, South Africa’s anti-doping legislation’s definition of what constitutes a positive test may be out of date.
Prohibited Substances and Methods
SAIDS, in alignment with the WADC, maintains a list of prohibited substances and methods. Athletes are responsible for understanding this list and ensuring they do not use any prohibited substances or engage in prohibited methods.
South Africa’s anti-doping legislation was last updated in 2006 which means that our information on the various violations may be out of date.
Laboratory Testing
Doping samples collected in South Africa may be sent to accredited laboratories for analysis. These laboratories use state-of-the-art equipment and techniques to detect the presence of prohibited substances in the samples.
Therapeutic Use Exemptions (TUEs)
Athletes who require medical treatment that involves prohibited substances may apply for a TUE. SAIDS reviews TUE applications to ensure that the medical need is genuine and grants exemptions when appropriate.
Sanctions and Appeals
Athletes who test positive for prohibited substances or methods face sanctions, which may include suspensions, fines, and disqualification from events. Athletes have the right to appeal these sanctions and have their cases heard by independent tribunals, ensuring a fair and transparent process.
The South African government plans to improve current legislation by including comprehensive detail on independent arbitration, anti-corruption and match-fixing.
Thankfully South Africans can breathe a sigh of relief and get our flags ready for the upcoming events, whilst our government expedites the passing of legislation that is fully compliant with the global anti-doping standard.
