Springboks face national flag ban after SA falls foul of World Anti-Doping Code

South Africa is facing consequences for failing to comply with the World Anti-Doping Code by not updating its outdated drug-free sport act, potentially leaving its athletes without the ability to compete under a national flag at major sporting events.

South Africa has less than 10 days to comply with the World Anti-Doping Code or the Springboks and Proteas will find themselves unable to fly the country’s flag at their respective World Cups.

Next week’s Rugby World Cup 2023 quarterfinal might see the Springboks playing under a neutral flag and unable to sing the national anthem.

That’s because the South African government has not met a deadline to amend the outdated drug-free sport act to comply with the latest World Anti-Doping Code (Wada) that came into force in 2021. 

The Code is a global policy that is agreed and adopted by both the sports movement and governments from around the world (public authorities).

Wada’s revised anti-doping code came into effect on 1 January 2021 and all member countries are expected to comply. To date, more than 700 sporting bodies and federations have accepted the new code.

On 23 September 2023, Wada issued a statement confirming that South Africa had not updated its anti-doping code and has fallen foul of Wada’s mandatory compliance requirements and now faces consequences.

If South Africa has not complied fully by 13 October, the first steps of the consequences of non-compliance will start. And one of those consequences is not being allowed to participate under a national flag.

“Wada wishes to update stakeholders regarding the Executive Committee’s decision to endorse 10 recommendations of Wada’s independent Compliance Review Committee (CRC),” a statement by Wada read.

“During its meeting, the Exco asserted non-compliance of three Anti-Doping Organizations (ADOs) with the World Anti-Doping Code (Code).

“The two National Anti-Doping Organisations (Nados) in question are Bermuda and South Africa; and the Major Event Organization (MEO) in question is the Pan American Sports Organization (Panam Sports).

“In the cases of the Bermuda and South Africa Nados, the non-compliance is a result of legislation not in line with the 2021 Code.”

It’s an embarrassing situation for South Africa, especially as the South African Institute for Drug-Free Sport (Saids) had warned the government and federations of the consequences of non-compliance a year ago.

Saids is an independent body that oversees anti-doping programmes in South Africa. It started the process of drafting a new sports integrity bill in 2022.

Saids held its first formal gathering with sports federations and mother body the South African Sports and Olympic Committee (Sascoc) in Johannesburg on 25 November 2022.

In April 2023, Saids sent out a draft bill to all federations and Sascoc outlining the compliance regulations. They had until 5 May for comments and amendments. After that deadline, Saids reviewed comments and inputs and made changes where appropriate.

A second and final round of consultation was stalled before the draft legislation could be sent to government because Wada would not accept the timelines for promulgation of sports integrity legislation and insisted that government focus on the technical amendments of the existing legislation.

“I have noted the decision by the Wada on Friday, 23 September 2023, that current South African legislation, the South African Drug-Free Sport Amendment Act, 25 of 2006, is not compliant with the World Anti-Doping Code,” Sports Minister Zizi Kodwa said in a statement.

“We have worked tirelessly to amend legislation as recommended by Wada. There has also been input by Wada in working with us to draft Saids’ Amendment Bill, which will now be taken through the South African Constitutional process of finalising a Bill.

“It is disappointing that South Africa has been found to be non-compliant despite this undertaking to pass legislation which meets the World Anti-Doping Code. 

“I would like to reassure athletes, sports federations, and the sports public that the non-compliance finding will not affect drug testing in South African sport. Saids will continue to deliver services that protect clean sport in South Africa

“The South African Government process for promulgating legislation is thorough and comprehensive. Any legislation, including amendments, must meet the muster of the South African Constitution and cannot contradict or nullify any existing laws. 

“I officially communicated with Wada President Witold Bańka on South Africa’s position, and have requested to meet with him urgently.

“South Africa is committed to anti-doping in sport. Saids has done much work to meet the evolving dynamics of compliance in global sport on matters of anti-doping, anti-corruption, governance reforms, child safeguarding and data protection.

“The Department of Sport, Arts and Culture will continue to expend all efforts get the Amendment Bill adopted expeditiously.”