During the 2023 Rugby World Cup, the World Anti-Doping Agency (WADA) sanctioned South Africa for failing to comply with the 2021 Code, but these sanctions were suspended pending a decision by the Court of Arbitration for Sport (CAS).
We analysed these developments as they unfolded, noting that WADA oversees global anti-doping efforts, and South Africa's compliance is monitored by the South African Institute for Drug-Free Sport (SAIDS), among other bodies. The 2021 Code, which was effective since January 2021, aims to standardise anti-doping regulations globally.
South Africa had not revised its regulations to comply with the 2021 Code. Consequently, WADA declared the country's anti-doping legislation non-compliant and issued a deadline for compliance. Severe sanctions, including a ban on SAIDS hosting or participating in WADA events, South Africa being ineligible to host major sports events, and the country's flag and anthem being banned at international competitions, were threatened if South Africa did not rectify the situation.
SAIDS appealed to CAS to challenge WADA’s non-compliance declaration, thus temporarily suspending the sanctions. This came as a huge relief for avid sports fans who witnessed the South African flag flying high in victory at the 2023 Rugby World Cup.
The CAS hearing was expected to be a lengthy process, potentially lasting several months. During this time South Africa continued its effort to finalise and enact the South African Institute for Drug-Free Sport Amendment Bill, 2023 (the Bill), which amends the South African Institute for Drug-Free Sport Act 14 of 1997, to comply with the Code.
On 1 June 2024 the President signed the Bill into law which ultimately took effect when it was published in the Government Gazette on 31 July 2024. The South African Institute for Drug-Free Sport Amendment Act 33 of 2024 (the Act), harmonises anti-doping policies, rules and regulations with those of sports organisations and public authorities globally. According to the presidential spokesperson, Vincent Magwenya, the Act's passing into law, solidifies South Africa's commitment to fair play and the well-being of athletes by enhancing the role of SAIDS.1
The legislative amendment also clarifies the powers of SAIDS. SAIDS plays a critical role in preventing the use of prohibited substances in the South African and international sporting environment, which are contrary to the principles of fair play and the health and well-being of athletes. According to section 10 of the Act, SAIDS's objectives are to: promote doping-free participation in sports by banning practices that enhance performance artificially; uphold fair play and medical ethics; and protect athletes' health and rights. It aims to educate both the general and sporting communities about the dangers of doping, lead the development of a national anti-doping strategy, and implement a centralised doping control programme with intelligent, surprise testing for athletes. Additionally, it seeks to ensure that national sports organisations adopt anti-doping policies in line with international standards and to establish a WADA-accredited laboratory in the country.
SAIDS will now operate independently but may co-operate with the Sport Confederation and the Department.
Furthermore, section 11(2) of the Act, grants SAIDS the authority to adopt and implement anti-doping rules that conform to the WADA Code and Prohibited List and inform athletes about potential sanctions for violations. Athletes can be selected for doping control based on a test distribution plan, with samples collected and securely sent to WADA-accredited labs.
The development of educational programmes to discourage doping, collaboration with anti-doping organisations, and ensuring South Africa's compliance with international anti-doping agreements are key priorities. Additionally, the powers of SAIDS include conducting research on performance-enhancing substances, promoting optimal sports performance without doping, maintaining a registered testing pool for testing top athletes, requiring athletes to provide whereabouts information, and establishing a process for therapeutic use exemptions for athletes with medical conditions.
The Act ensures that South African athletes remain compliant with international anti-doping standards. This is crucial for their eligibility to participate in national and international competitions such as the Olympics, World Championships, and other prestigious tournaments. Non-compliance can result in bans, preventing athletes from representing their country. South African sports fans will be eager to see what this new legal development will mean for South Africa's ongoing matter with WADA and CAS.
