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Semenya vs IAAF: State prepared to spend R25m on legal battle

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Caster Semenya is once again in the spotlight - not for her running achievements, but because of gender issues. Picture: Alet Pretorius/Gallo Images
Caster Semenya is once again in the spotlight - not for her running achievements, but because of gender issues. Picture: Alet Pretorius/Gallo Images

The national government will spend an estimated R25 million towards the legal costs in Caster Semenya’s fight with the International Association of Athletics Federations (IAAF) over proposed regulations that aim to restrict the levels of testosterone in female runners.

This emerged at a media briefing addressed by Sports Minister Tokozile Xasa in Pretoria on Friday, as Semenya and her legal team prepare to take on the IAAF before the Court of Arbitration for Sport (CAS) in Switzerland, starting on Monday.

Xasa, flanked by her deputy Gert Oosthuizen and the director-general in her office, Alec Moemi, also revealed on Friday that President Cyril Ramaphosa has also endorsed the move to fight for justice for Semenya.

As a result, the government had put together a team of local experts from various fields that include legal eagles, medical gurus, as well as those who are well-versed in dealing with human right issues, to take on the IAAF.

Moemi will chair the 10-member high-level panel whose term of reference is “to investigate, analyse and consider the current international development in the form of new gender regulations targeting female athletes”.

Other members of the panel include South African Sports Confederation and Olympic Committee board member and medical doctor Debbie Alexander; Athletics SA (ASA) president Aleck Skhosana and his deputy president Dr Harold Adams; ASA chief executive Richard Stander; Professor Steve Cornelius, University of Pretoria’s head of law; Professor Ross Tucker from the University of Cape Town; Dr Phathokuhle Zondi, Sascoc medical advisory committee chairperson; Kenetswe Mosenogi, director of sport scientific support services at Sport and Recreation South Africa, who shall render the secretariat services to the panel; and a legal team to be appointed by ASA.

Moemi warned that they were “not planning for failure” as “a loss will be catastrophic”.

“It’s a worthy fight,” said Moemi of the government’s support.

“There are no alternative plans because that will be the end of the road. That’s why our plans are all geared towards winning.

“It’s not a campaign for Semenya, but [a campaign] to oppose unfair regulations.”

The IAAF regulations were meant to go into effect on November 1 but were postponed after Semenya lodged her case before the sports tribunal body.

Also on Friday, Xasa launched a campaign dubbed “naturally superior” to lobby domestic and international communities to condemn what she deemed as a gross violation of Semenya’s right to participate.

‘Support Caster – the victim’

“As the government we have added our voice in condemnation of these rules. We have been supporting all the efforts to fight the IAAF on this matter,” said Xasa.

Moemi elaborated: “The campaign is a call for the public — here and elsewhere — to show their support for Caster, the victim, but also act against the injustice presented by this [proposed regulations]. We as government are not party to the case but the minister is the face of the campaign.”

In addition, Moemi compelled all South African national teams to wear black armbands when they play to show solidarity for Semenya.

“We are also lobbying international stars and federations to speak out about this. We’ll put an online petition while the case is on. We are putting together ambassadors to spread the message. The silence of Caster is important to avoid jeopardising the case,” he said.

“We’ll compel our national teams to wear black armbands when they compete here to show solidarity,” he added.

The latest developments came hot on the heels of media reports in England quoting an IAAF lawyer who said that they would argue that Semenya should be classified as a “biological male”.

Although the IAAF has denied this, lawyers representing the 28-year-old runner retaliated on Thursday that their client “is unquestionably a woman”.

Meanwhile, Cricket South Africa has thrown its weight behind national icon Semenya and her “valiant fight for gender equality”.

“We stand here as the cricket fraternity joining all the voices throughout the world, to denounce the IAAF gender regulations as an act of discrimination against women in sport,” chief executive Thabang Moroe said.

 “We state categorically and emphatically that women like Caster, who is born with intersex variations, should enjoy the same rights to dignity as all women. “e honour, celebrate and recognise the equality of all women in sport.  

The national cricket body called on “astute global citizens” to rally behind Caster and vocally join in advocating for her right to continue compete at the highest level.  

“This attempt at systematically ostracizing potential and talent should be condemned in the strongest terms. Together, let’s hit gender discrimination for six,” Moroe said




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