SAIDS 2017_21 SAIDS vs Tumisane Madiba

In July 2017 the South African Institute for Drugfree Sport (SAIDS) has reported an anti-doping rule violation against the Mixed Martial Arts Athlete Tumisane Madiba after his sample tested positive for the prohibited substance Cannabis in a concentration above the WADA threshold (429 ng/ml).

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the SAIDS Anti-Doping Hearing Panel.

The Athlete requested the Panel for a reduced sanction, admitted the violation and denied that he used it to enhance his sport performance. He stated that the use of Cannabis was recreational, out-of-competition and also for medical purposes for his injuries.

He argued that he consumed Cannabis periodically due to his religious beliefs as Rastafarian and that he exercised his right to practice his own religion. He acknowledged that he was aware that Cannabis was prohibited in-competition.

SAIDS rejected the Athlete’s explanation and argued that he failed to produce evidence that he is a Rastafarian nor did he establish with medical evidence that Cannabis was used for pain management and for its analgesic and anti-inflammatory properties. Further he failed to mention the use of Cannabis on the Doping Control Form.

The Panel concludes that the Athlete failed to demonstrate that the anti-doping rule violation was the result of his personal circumstances and he failed to produce any evidence and witnesses in support of his testimony. The evidence in this case didn’t assist the Panel to come to a different conclusion.

Therefore the Anti-Doping Hearing Panel decides on 4 December 2017 to impose a 12 month period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 2 June 2017.

Original document

Parameters

Legal Source
National Decisions
Date
4 December 2017
Arbitrator
Coopoo, Yoga
Janse van Rensburg, Christa
Nameng, Sunny
Original Source
South African Institute for Drug-Free Sport (SAIDS)
Country
South Africa
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
No intention to enhance performance
Period of ineligibility
Sport/IFs
Mixed Martial Arts
Other organisations
South African Institute for Drugfree Sport (SAIDS)
Laboratories
Ghent, Belgium: DoCoLab Universiteit Gent-UGent
Doping classes
S8. Cannabinoids
Substances
Cannabis (THC)
Medical terms
Physical injury
Treatment / self-medication
Various
Out-of-competition use / Substances of Abuse
Religion
Document type
Pdf file
Date generated
5 March 2018
Date of last modification
4 April 2023
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  • Legal Terms
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  • Laboratories
  • Analytical aspects
  • Doping classes
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  • Various
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