South African Institute for Drug-Free Sport Act, 1997 (Act No. 14 of 1997)

11. Powers and duties of Institute

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(1)The Institute must comply with the provisions of the Public Finance Management Act.

 

(2)The Institute shall—
(a)adopt and implement anti-doping rules and policies which conform with the Code including the WADA Prohibited List;
(b)[Section 11(2)(b) deleted by section 4(a) of the The South African Institute for Drug-Free Sport Amendment Act, 2024 (Act No. 33 of 2024), Notice No. 4925, GG50751, dated 4 June 2024 - effective 5 August 2024 per Commencement Notice 2674 of GG51009]
(c)[Section 11(2)(c) deleted by section 4(a) of the The South African Institute for Drug-Free Sport Amendment Act, 2024 (Act No. 33 of 2024), Notice No. 4925, GG50751, dated 4 June 2024 - effective 5 August 2024 per Commencement Notice 2674 of GG51009]
(d)disseminate information relating to the sanctions likely to be imposed if athletes violate anti-doping rules;
(e)select athletes for doping control according to a test distribution plan;
(f)collect samples from athletes and secure the safe and tamper-free transit of samples to WADA-accredited laboratories in accordance with the Code;

[Section 11(2)(f) substituted by section 4(b) of the The South African Institute for Drug-Free Sport Amendment Act, 2024 (Act No. 33 of 2024), Notice No. 4925, GG50751, dated 4 June 2024 - effective 5 August 2024 per Commencement Notice 2674 of GG51009]

(g)develop and implement educational programmes to discourage the practice of doping in sport;
(h)consult with, assist, co-operate with and provide relevant information to governmental and non-governmental anti-doping organisations and other persons within South Africa and internationally, where appropriate.
(i)take steps aimed at ensuring that South Africa complies with the Code, the UNESCO Convention and any other anti-doping agreements or arrangements to which South Africa is a party;
(j)undertake research, or co-ordinate and arrange for research to be undertaken in the field of performance-enhancing substances and methods;
(k)encourage the pursuit of optimal sports performances in an environment free from doping;
(l)establish and maintain a Registered Testing Pool of top level athletes who shall be subject to both in competition and out of competition testing;
(m)require that athletes who have been included in the testing pools provide accurate information on their current whereabouts which shall be made available to WADA and to other Anti-Doping Organisations having authority to test the athletes; and

[Section 11(2)(m) substituted by section 4(c) of the The South African Institute for Drug-Free Sport Amendment Act, 2024 (Act No. 33 of 2024), Notice No. 4925, GG50751, dated 4 June 2024 - effective 5 August 2024 per Commencement Notice 2674 of GG51009]

(n)ensure that there is a process for all athletes with documented medical conditions requiring the use of a prohibited substance or method to request a Therapeutic Use Exemption (TUE).

[Section 11(2)(n) substituted by section 4(d) of the The South African Institute for Drug-Free Sport Amendment Act, 2024 (Act No. 33 of 2024), Notice No. 4925, GG50751, dated 4 June 2024 - effective 5 August 2024 per Commencement Notice 2674 of GG51009]

 

(2A)

(a) A request contemplated in subsection (2)(n) shall be evaluated by a Therapeutic Use Exemption Committee in accordance with the International Standard for Therapeutic Use Exemptions referred to in the Code; and
(b) The Institute shall promptly report in writing to the WADA any Therapeutic Use Exemption (TUE) granted in respect of a request contemplated in subsection (2)(n).

[Section 11(2A) inserted by section 4(e) of the The South African Institute for Drug-Free Sport Amendment Act, 2024 (Act No. 33 of 2024), Notice No. 4925, GG50751, dated 4 June 2024 - effective 5 August 2024 per Commencement Notice 2674 of GG51009]

 

(3)Any failure of any national sports federation and sports organisation to co-operate with the Institute shall be reported to the Minister, who may—
(a)address the issue with the Sports Confederation or any other relevant sports body and organisation as he or she deems fit; or
(b)intervene in this regard if the said failure is a result of any—
(i)dispute;
(ii)alleged mismanagement; or
(iii)any other related matter,

which is likely to bring any sport or recreational activity in disrepute.

 

(4)In intervening the Minister may—
(a)refer the matter for mediation; or
(b)issue a directive to resolve the dispute