SAIDS 2016_11 Thandani Ntshumayelo vs SAIDS - Appeal

On 16 August 2016 the SAIDS Anti-Doping Hearing Panel decide to impose a 4 year period of ineligibility on the football player Thandani Ntshumayelo, after his A and B samples tested positive for the prohibited substances Cocaine. The Athlete had admitted the use of the substance 3 days prior to the competition while he was aware that this substance was prohibited.

Hereafter the Athlate appealed the First Instance Decision with the SAIDS Appeal Tribunal.
The Athlete admitted that he had used the substance 3 days prior to the competition and requested for a reduced sanction. He asserted that his use was only recreational, out-of-competition and not intentional to enhance his sport performance.

SAIDS accepted that the Athlete had intentionally used the substance but that it was not related to sport performance.
The Appeal Tribunal agrees that the violation was not intentional and that the Athlete established grounds for a reduced sanction.

Therefore the SAIDS Appeal Tribunal decides on 7 September 2018 that the Athlete's appeal is admissible and to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension.

Original document

Parameters

Legal Source
National Decisions
Date
7 September 2018
Arbitrator
Damons, Marissa
Diale, Mami
Nematswerani, Ephraim
Original Source
South African Institute for Drug-Free Sport (SAIDS)
Country
South Africa
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Case law / jurisprudence
No intention to enhance performance
Period of ineligibility
Sport/IFs
Football (FIFA) - International Football Federation
Other organisations
South African Institute for Drugfree Sport (SAIDS)
Laboratories
Bloemfontein, South Africa: South African Doping Control Laboratory
Analytical aspects
B sample analysis
Doping classes
S6. Stimulants
Substances
Cocaine
Various
Out-of-competition use / Substances of Abuse
Document type
Pdf file
Date generated
24 February 2020
Date of last modification
27 February 2020
Category
  • Legal Source
  • Education
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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  • Document category
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Publication period
Origin