Related case:
SAIDS 2018_36 SAIDS vs Mamorallo Tjoka
August 16, 2019
In June 2019 the South African Institute for Drugfree Sport (SAIDS) reported an anti-doping rule violation against the Lesotho Athlete Mamorolla Tjoka for evading, refusal or failing to submit to sample collection and tampering with any part of the doping control in October 2018.
Consequently on 16 August 2019 the SAIDS Independent Doping Hearing Panel decided to impose an 8 year period of ineligibility on the Athlete due to her second anti-doping rule violation.
Thereupon the SAIDS Appeal Committee ruled on 17 November 2022 that SAIDS had the requisite jurisdiction to conduct out-of-competition testing.
Hereafter the Athlete appealed the first instance decision. She argued that the hearing in first instance should have been held in Lesotho and not in South Africa. Also she disputed the jurisdiction of SAIDS and wished to introduce new evidence.
SAIDS contended that it had jurisdiction to test the Athlete out-of-competition and to hear the matter in first instance. Furthermore it argued that the Athlete voluntarily had decided not to attend the hearing in first instance.
The Appeal Committee confirmes that SAIDS has jurisdiction and determines that in first instance the Athlete voluntarily decided not to be present at the hearing in first instance. Accordingly in first instance she failed to introduce evidence in her defence.
Therefore on 18 July 2023 the Appeal Committee decides to confirm the sanction of 8 years and to uphold the first instance decision of the SAIDS Independent Doping Hearing Panel.
