WADA refers compliance case against the South African NADO to Court of Arbitration for Sport

Further to the World Anti-Doping Agency’s (WADA's) Executive Committee (ExCo) meeting of 22 September 2023, WADA wishes to provide an update regarding the ExCo’s decision to endorse the recommendation of WADA’s independent Compliance Review Committee (CRC) and allege the National Anti-Doping Organization (NADO) of South Africa as non-compliant with the World Anti-Doping Code (Code). The alleged non-compliance in this case is a result of South Africa’s legislation not being in line with the 2021 Code.   

Under Article 9.3.1 of the International Standard for Code Compliance by Signatories (ISCCS), the NADO had 21 days following the date of receipt of the formal notice of non-compliance to dispute WADA’s allegation of non-compliance, as well as the consequences and/or the reinstatement conditions proposed by the Agency.   

On 10 October, WADA received formal notification from the South African NADO that it disputed the allegation of non-compliance against it, as well as the proposed consequences. Accordingly, and in line with Article 24.1.7 of the Code, WADA now publicly announces that it filed the request for arbitration with the Court of Arbitration for Sport (CAS) on 16 November 2023. As set out in Article 24.1.7, certain Signatories have the right to intervene in the CAS proceedings as a party whereas other persons may apply and be permitted to intervene under certain conditions. As per the same article, the notice of intervention or the application to intervene must be filed within 10 days of the publication of this notice.  

The allegation of non-compliance and the consequences will not take effect until such time as CAS makes its ruling.  Further details regarding the case including, in particular, the consequences and reinstatement conditions can be found in WADA’s update of 28 September 2023.