Related case:
SAIDS 2017_19 SAIDS vs Ntando Kebe
October 13, 2017
On 13 October 2017 the SAIDS Anti-Doping Hearing Panel decided to impose a 2 year period of ineligibility on the rugby player Ntando Kebe after he tested positive for the prohibited substance Stanozolol. Here the Panel was willing to accept, on all the evidence, that in these unusual circumstances the probable source of the Stanozolol was the Ripped EFX supplement.
The Panel deemed that it has been established on balance of probabilities that the Athlete did not intend to cheat and that the ingestion of Stanozolol was not intentional. Considering the Athlete’s conduct in this case and his degree of Fault the Panel concluded that there are no grounds for No Significant Fault or Negligence.
Hereafter the South African Institute for Drugfree Sport (SAIDS) appealed the decision of 13 October 2017 with the SAIDS Appeal Tribunal. SAIDS requested the Appeal Panel to set aside the decision of the Anti-Doping Tribunal and to impose a 4 year period of ineligibility on the Athlete.
SAIDS argued that the Athlete intentionally had used the prohibited substance, that he failed to establish that he acted without fault or intent since he could not demonstrate how the prohibited substance entered his system.
Considering the evidence and the Athlete’s conduct in this case the Appeal Panel is not convinced that the Athlete proved on a balance of probabilities that the most probable source of the prohibited substance Stanozolol in his system was the supplement Ripped EFX.
The Appeal Panel deems that the Athlete should have been aware of what constituted prohibited substances and should have known better than to accept an unsealed substance from a third party. As such he should have acted with a higher degree of care when it came to taking the alleged supplements.
The Appeal Panel concludes that the Athlete’s conduct was reckless and in fact he did have the requisite intention in the circumstances.
Therefore the SAIDS Appeal Tribunal decides on 24 March 2018 to set aside the decision of 13 October 2018 and to impose a 4 year period of ineligibility starting on the date of the provisional suspension, i.e. on 7 July 2016.
