Acts Online
GT Shield

South African Institute for Drug-Free Sport Act, 1997 (Act No. 14 of 1997)

11A. Doping control programme

 

A doping control programme is a programme that—

(a) applies to all athletes;
(b) adopts and implements the applicable mandatory International Standards, including the Prohibited List, the Therapeutic Use Exemptions Standard and the International Standard for Testing in compliance with the Code;
(c) authorises the Institute to request an athlete to provide a sample for the purpose of doping control;
(d) requires the Institute to establish and maintain a doping register for the programme;
(e) requires the Institute to enter the name of an athlete or other person in the doping register when the athlete or other person is found guilty of violating an anti-doping rule as defined in section 1;
(f) requires the Institute to give written notice of the making and particulars of an entry in the doping register to—
(i) each relevant sports federation in relation to the athlete concerned; and
(ii) each relevant sports federation in relation to any athlete whose interests may have been affected by the anti-doping rule violation referred to in paragraph (e):

Provided that such notice of information of an entry in the doping register shall be subject to the provisions of the Promotion of Access to Information Act and may include any or all of the following:—

(aa) Failure by an athlete to provide a sample;
(bb) failure by an athlete to complete or sign any form or to perform any action during sample collection as required by the doping control programme;
(cc) any attempt, whether successful or not, by an athlete or any other person to tamper with the doping control process;
(dd) any other interference with the doping control process;
(ee) the results of laboratory analysis;
(ff) any failure by an athlete to provide information on his or her whereabouts for out of competition testing; and
(gg) any information relating to an athlete's adverse analytical finding or the failure by an athlete to comply with a request by the Institute to provide a sample;
(g) authorises the Institute, subject to the Promotion of Access to Information Act, to disclose information—
(i) to the South African Police Service and the South African Customs Service on any of the following:
(aa) the use by a person of a prohibited substance or method;
(bb) the possession by a person of a prohibited substance or method;
(cc) trafficking by a person in a prohibited substance or method;
(dd) the administration by a person of a prohibited substance or method;
(ee) a person attempting to engage in any conduct referred to in paragraphs (aa) to (cc); and
(ff) a person aiding, abetting, covering up or being involved in any other type of complicity relating to any conduct referred to in paragraphs (aa) to (dd);
(ii) relating to the return by an athlete of an adverse or negative analytical finding, or to an anti-doping rule violation by an athlete or any other person, to the public;
(h) requires the South African Police Service and the South African Customs Service to co-operate with the Institute—
(i) with any investigation pertaining to information disclosed in terms of paragraph (g);
(ii) with regard to any illegal activities resulting from anti-doping rule violations; or
(iii) in any other manner as may be required; or
(i) may make provision for the application, adoption or incorporation, with or without modification, of any other instrument made by a sports administration body.