The South African Institute for Drug-Free Sport (SAIDS) has reported an anti-doping rule violation against the Athlete after he refused to provide a sample for doping control.
After notification a provisional suspension was ordered and the Athlete was heard for the Disciplinary Committee.
The Athlete gave evidence under oath. He admitted to having been notified of the sample collection test, as well as being accompanied by a chaperone when watching the main bout of the evening as he was not ready to provide his urine sample. He conceded that he left the venue without providing the sample and explained that he had been put under pressure by his brother-in-law to leave with him as this was his form of transport home.
The Athlete’s evidence focussed on the fact that he is illiterate, uneducated and does not understand English. There was no evidence suggesting otherwise. He pointed out that although he had signed the Doping Control Form he does not read or write English and he did not fully understand or appreciate the seriousness of the implications of not providing the sample. He conceded however that the DCO had communicated verbally in Xhosa that he was required to provide the sample.
The panel considers that while no compelling justification for the failure to submit to the sample collection existed there nevertheless exists factors which detracted from the degree of fault or negligence on the part of the Athlete. The test relating to fault or negligence should be flexible enough to accommodate very real factors such as the illiteracy and lack of education of the Athlete. These factors did impact upon the Athletes ability to fully understand the significance and seriousness of his actions. The Committee notes that it is perhaps worth consideration by SAIDS for the future that in circumstances where an athlete clearly does not read, write or understand English that an informal script be read out to such athlete by the DCO in his home language.
The SAIDS Disciplinary Committee decides to impose a 1 year period of ineligibility on the Athlete starting on the date of the hearing. The period of the interim suspension of six weeks would be credited against this sanction.
