Intellectual Property Rights from Publicly Financed Research and
R 385
South African Institute for Drug-Free Sport Act, 1997 (Act No. 14 of 1997)17. Results Management |
[Section 17 heading substituted by section 6 and 9 of the The South African Institute for Drug-Free Sport Amendment Act, 2024 (Act No. 33 of 2024), Notice No. 4925, GG50751, dated 4 June 2024 - effective 5 August 2024 per Commencement Notice 2674 of GG51009]
| (1) | Results Management shall be the responsibility of, and shall be governed by the procedural rules and anti-doping rules of the Institute aligned with the principles of the Code and relevant International Standards. |
| (2) | There is hereby established by the Institute a first instance hearing panel named the Independent Doping Hearing Panel which has jurisdiction in the first instance to hear and determine whether an athlete or other person subject to the anti-doping rules of the Institute has committed an anti-doping rule violation and if applicable to impose relevant consequences. |
(3)
| (a) | There is hereby established an independent board which shall be known as the Anti-Doping Appeal Board. |
| (b) | The Minister shall appoint an Appeal Board, which shall consist of not fewer than eight persons possessing special knowledge and expertise relevant to anti-doping and dispute resolution. |
| (c) | The members of the Appeal Board are appointed for a period of five years and are eligible for re-appointment. |
| (d) | The Appeal Board must consist of no fewer than four practising attorneys or advocates, two sports medical physicians and two sports administrators. |
| (e) | The Minister may terminate the appointment of an Appeal Board member for serious misconduct, incapacity or incompetence. |
| (4) | A party to an appeal shall be entitled to be represented by a person of his or her own choice. |
| (5) | The procedure to be followed in connection with appeals shall be determined by the Appeal Board. |
| (6) | Appeals involving International-Level Athletes shall be heard by the Court of Arbitration for Sport (CAS) in accordance with the relevant provisions of the Code. |
| (7) | Any proceedings, pending before the Independent Doping Hearing Panel at the commencement of this Act must be continued and concluded in terms of this Act in the Independent Doping Hearing Panel and, for that purpose those proceedings are deemed to have been instituted in terms of this Act in the Independent Doping Hearing Panel. |
[Section 17 substituted by section 6 of the The South African Institute for Drug-Free Sport Amendment Act, 2024 (Act No. 33 of 2024), Notice No. 4925, GG50751, dated 4 June 2024 - effective 5 August 2024 per Commencement Notice 2674 of GG51009]
