Athletics
CASTER SEMENYA LOSES LANDMARK LEGAL CASE AT CAS
BY DANIEL ETCHELLS
Caster Semenya has lost her landmark case against the International Association of Athletics Federations (IAAF), meaning she will have to take medication to reduce her testosterone if she wants to continue running on the world stage.
The Court of Arbitration for Sport (CAS) has been deliberating on what it has labelled one of the most “pivotal” cases in its history and has announced the verdict this Wednesday.
Semenya,
a double Olympic and triple world champion over 800 metres, was challenging the
IAAF which had been hoping to bring in new rules on female participation.
The IAAF claimed the South African and other female runners with high testosterone levels, who compete between 400m and the mile, must either take medication or compete against men.
According to the world governing body, this was to create a level playing field but the 28-year-old Semenya and others argued the testosterone in her body was naturally occurring and so to ban her would be unfair.
In October, the IAAF delayed the implementation of the new rules until the proceedings had concluded.
Semenya is by far the most high-profile athlete who the rules will impact.
The case has provided heated debate, with Athletics South Africa (ASA) and the United Nations Human Rights Council both publicly criticising the IAAF.
The former had accused the IAAF of breaking rules related to the case last month.
“The arbitration procedures concerned the ‘IAAF eligibility regulations for female classification (athletes with differences of sex development)’ (DSD regulations) that were due to come into effect on November 1, 2018 and which are currently suspended, pending the outcome of the CAS procedures,” a CAS statement reads.
“The CAS has dismissed both requests for arbitration.
“Caster Semenya and ASA requested the DSD regulations be declared invalid and void with immediate effect.
“They consider them as being discriminatory, unnecessary, unreliable and disproportionate.
“The IAAF contended that the DSD regulations do not infringe any athlete’s rights, including the right to equal treatment, but instead are a justified and proportionate means of ensuring consistent treatment, and preserving fair and meaningful competition within the female classification.
“There
is no dispute that there should be a separate classification for female
athletes – a binary divide between male and female.”
The IAAF, whose President is Sebastian Coe, claimed Caster Semenya and other female runners with high testosterone levels, who compete between 400m and the mile, must either take medication or compete against men
Responding to the verdict, Semenya said: “I know that the IAAF’s regulations have always targeted me specifically.
“For a decade the IAAF has tried to slow me down, but this has actually made me stronger.
“The decision of the CAS will not hold me back.
“I will once again rise above and continue to inspire young women and athletes in South Africa and around the world.”
Semenya’s lawyers say the decision will be reviewed and that consideration will be given to filing an appeal.
“Women with differences in sexual development have genetic variations that are conceptually no different than other genetic variations that are celebrated in sport,” a statement reads.
“The IAAF’s basis for discriminating against these women is their natural genetic variations.
“Ms Semenya believes that women like her should be respected and treated as any other athlete.
“As is typically the case across sport, her unique genetic gift should be celebrated, not regulated.”
In a 165-page award, the CAS panel expressed serious concerns as to the future practical application of the DSD regulations, leaving open the possibility of future changes.
“While the evidence available so far has not established that those concerns negate the conclusion of prima facie proportionality, this may change in the future unless constant attention is paid to the fairness of how the regulations are implemented,” it said in the statement.
“In this regard, reference has been made to three main issues, including the difficulties of implementation of the DSD regulations in the context of a maximum permitted level of testosterone.
“The panel noted the strict liability aspect of the DSD regulations and expressed its concern as to an athlete’s potential inability to remain in compliance with the DSD regulations in periods of full compliance with treatment protocols, and, more specifically, the resulting consequences of unintentional non-compliance,” the statement adds.
Another issue highlighted is the difficulty to rely on concrete evidence of actual in contrast to theoretical – significant athletic advantage by a sufficient number of 46 XY DSD athletes in the 1,500m and the mile events.
The CAS panel has suggested the IAAF consider deferring the application of the DSD regulations to these events until more evidence is available.
CAS also claims the side effects of hormonal treatment experienced by individual athletes could, with further evidence, demonstrate the practical impossibility of compliance, which could, in turn, lead to a different conclusion as to the proportionality of the DSD regulations.
The IAAF has released a statement welcoming today’s verdict and addressing the CAS panel’s concerns.
“The IAAF is grateful to the Court of Arbitration for Sport for its detailed and prompt response to the challenge made to its eligibility regulations for the female classification for athletes with differences of sex development, and is pleased that the regulations were found to be a necessary, reasonable and proportionate means of achieving the IAAF’s legitimate aim of preserving the integrity of female athletics in the restricted events,” it reads.
“The
regulations will come into effect on May 8, 2019 at which time all relevant
athletes (as defined in clause 2.2(a) of the regulations) wishing to compete in
the female classification in a restricted event (as defined in clause 2.2(b) of
the regulations) at an international competition need to meet the eligibility
conditions set out in clause 2.3 of the regulations.”
Early last year, the IAAF cancelled its “hyperandrogenism regulations”, which had been primarily challenged by Indian sprinter Dutee Chand, and replaced them with the DSD regulations.
“The IAAF notes the three concerns expressed by the CAS panel as to the fairness of the implementation of the regulations,” the statement adds.
“The CAS panel in the Chand case (CAS 2014/A/3759) found that the previous iteration of the regulations were administered with ‘care and compassion’ by the IAAF, and this will not change.
“As the regulations expressly state, the IAAF will keep all practical matters of implementation under periodic review.
“Indeed, the IAAF has already addressed the CAS panel’s first concern by mitigating the consequences of unintentional non-compliance by an athlete in a new clause 3.15.”
With the new rules coming into effect on May 8, athletes who want to compete at the 2019 IAAF World Championships, due to take place in Qatar’s capital Doha from September 27 to October 6, will have to start taking medication within one week.
Those affected by the rules must undergo a blood sampling by that date to measure their serum testosterone level and test their eligibility.
Semenya would still be eligible to compete at the IAAF Diamond League meet in Doha on Friday (May 3).
“Relevant athletes have one week (7 days) from today (May 1, 2019) to reduce testosterone levels to within the regulation levels so are encouraged to initiate their suppressive treatment as soon as possible,” the IAAF statement reads.
“Relevant athletes registered to compete in the IAAF Diamond League Doha on May 3, 2019 are eligible to compete at that competition (including in restricted events) without decreasing their testosterone level below 5 nmol/L.”
The IAAF adds that no athlete “will be forced to undergo any assessment and/or treatment” under the regulations.
“It is each athlete’s responsibility, in close consultation with her medical team, to decide whether or not to proceed with any assessment and/or treatment,” the body says.
The IAAF had been accused of breaking rules when prior to the start of proceedings in Lausanne, the governing body released a list of expert witnesses it had been set to call.
Semenya’s lawyers described the release as a “clear breach” of confidentiality rules and labelled it an attempt to influence public opinion, before releasing their own list of witnesses the next day.
ASA then accused the IAAF of breaking rules once again after President Sebastian Coe gave an interview to The Daily Telegraph in Australia, in which he said its proposed rule was necessary to protect the women’s category.
“The reason we have gender classification is because if you didn’t, then no woman would ever win another title or another medal or break another record in our sport,” he said.
Semenya’s lawyers said Coe had “reopened old wounds” with his comments, reiterating that the South African is a woman and suggesting that therefore, to ban her from women’s competition in order to protect women did not make sense.
Last Friday (April 26), Semenya won the South African Athletics Championships gold medal in the 5,000m.
It is a new distance for her and one outside the scope of the IAAF rule change.
Semenya was running the distance for only the second time and she finished more than 100m ahead of defending national champion Dominique Scott.
-insidethegames
The proposed switch of allegiance by Nigerian sprint star Favour Ofili to Türkiye has hit a major obstacle, with Nigerian sports authorities insisting that the 23-year-old remains eligible to compete for Nigeria.
Ofili announced in September on her Instagram account, followed by more than 40,000 people, that she was beginning “a new chapter representing Türkiye,” signalling her intention to change sporting nationality after years of representing the Nigeria national athletics team.
“I moved to Türkiye to save my career from officials,” the U.S.-based sprinter later wrote, explaining that her decision was influenced by frustrations with Nigeria’s sporting administration.
However, nearly six months after the announcement, Ofili has yet to compete for her new country, and the process appears stalled.
A senior official of the National Sports Commission told reporters in February that Ofili is still considered a Nigerian athlete and cannot immediately switch allegiance.
“She is still our athlete,” the official said, adding that Ofili was among the elite athletes who received training scholarships from the commission last year.
According to the official, if the sprinter intends to compete for another country, she may have to wait until September 2028, potentially ruling out a change before the 2028 Summer Olympics.
Career Frustrations
Ofili’s rapid rise in athletics has been accompanied by several controversies that have strained her relationship with Nigeria’s sporting authorities.
At the Tokyo 2020 Olympic Games, she was among Nigerian athletes barred from competing after failing to meet required out-of-competition doping control tests.
Ahead of the Paris 2024 Olympic Games, she also revealed she had been excluded from the women’s 100-metre event despite qualifying.
“It is with great sadness that I have just been informed that I will not be competing in the 100-metre dash at these Games,” she wrote at the time. “I qualified, but those in charge did not register me. I have worked for four years to earn this opportunity.”
Debate Over Loyalty
The controversy has sparked debate within Nigeria’s athletics community.
Former African sprint queen Mary Onyali recently said she rejected offers from European countries to compete under their flags during her career because of her loyalty to Nigeria.
Ofili responded by suggesting the circumstances were different, noting that Onyali “was never denied the opportunity to compete in any competition after working hard to qualify.”
Speaking through her coach, Dennis Shaver, Ofili also dismissed speculation that financial incentives were the main motivation for her proposed move.
“I am a woman, and I have a short-term job,” she said. “This is the ideal time to make the most of the time I have left in my career.”
Türkiye’s Recruitment Drive
Ofili’s case comes amid an aggressive talent recruitment drive by Türkiye aimed at strengthening its athletics programme ahead of the Los Angeles Olympics.
Following a disappointing performance at the Paris Games, where the country finished 64th in the medal table without a gold medal, Turkish authorities launched a strategy to recruit top athletes from abroad.
According to athletics coordinator Önder Özbilen, several international athletes have already agreed to compete for Türkiye.
Among them are four Jamaican athletes, including Olympic discus champion Roje Stona, as well as five Kenyan runners, including former marathon world-record holder Brigid Kosgei.
Whether Ofili will ultimately join them remains uncertain.
For now, the Port Harcourt-born sprinter remains officially tied to Nigeria, leaving unresolved the question of which flag she might carry on the road to the Los Angeles Olympics.
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Athletics
World Athletics Nullifies Junior Records of Three Ethiopian Runners Over Age Irregularities
World Athletics has refused to ratify several junior world records set by three Ethiopian distance runners after an investigation uncovered irregularities in their dates of birth.
The decision follows a probe by the Athletics Integrity Unit (AIU), which determined that the real ages of Birke Haylom, Melknat Wudu and Medina Eisa could not be conclusively verified when the records were set between 2023 and 2024.
The ruling means several outstanding under-20 performances by the trio will no longer stand as official world junior records.
Among the affected marks are Haylom’s world under-20 bests in the mile (4:17.13), indoor 1,500 metres (3:58.43) and outdoor 5,000 metres (14:23.71). Wudu’s junior indoor 3,000 metres record of 8:32.34 has also been invalidated, while Eisa’s 5,000 metres time of 14:21.89—previously recognised as the world junior best—has been struck from the record books.
Investigators confirmed that Eisa’s actual birth date is 17 October 2002, rather than 3 January 2005 as previously documented. The finding means she was 22 when she won gold in the 5,000 metres at the 2024 World Under-20 Championships, well above the age limit for the junior category.
The AIU also concluded that Haylom was older than indicated in her official documents, although details of the discrepancy were not publicly disclosed. In Wudu’s case, unresolved doubts about her birth date prevented the ratification of her record.
Under championship rules, athletes competing in under-20 events must be 19 or younger during the competition year and must provide verifiable documentation confirming their eligibility.
While the athletes’ performances remain valid as competition results, they cannot be recognised as junior records.
The investigation forms part of a wider age-verification campaign by the AIU in East African athletics ahead of the next 2026 World Under-20 Championships in the United States.
So far, World Athletics has not announced disciplinary sanctions against the athletes, although AIU regulations allow bans of between two and four years in proven cases of age manipulation.
The removal of the five records marks a significant setback for performances that had previously placed the runners among the most promising young talents in global distance running.
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The Future Olympian Athletics Classic has been rescheduled from the first quarter of 2026 to the last quarter of the year, as organisers move to transform the meet into a truly national developmental programme spanning Nigeria’s six geopolitical zones.
In a statement signed by Bruce Ijirigho, a former quarter-miler and Team Nigeria captain to the 1976 Summer Olympics, the postponement was described as a strategic decision aimed at broadening participation and ensuring that young talents across the country are discovered and nurtured systematically.
The competition is being organised by the Youth Sports Renaissance Foundation (YSRF), a non-profit organisation registered with the Corporate Affairs Commission by Ijirigho, Godwin Obasogie and Charlton Ehizuelen. The foundation’s primary objective is to revive athletics, particularly at the secondary school level, and rebuild Nigeria’s once-thriving grassroots sports culture.
Ijirigho, who serves as Project Lead, explained that the initiative is not about creating something entirely new but about restoring a proven system that once produced champions.
“This competition is not about reinventing the wheel,” he said. “It is about bringing back the culture that ensured that my contemporaries and I were discovered early in secondary school, received the right coaching and academic support, and went on to earn scholarships while combining sports with education. Many of us later became national, continental and global champions.”
He identified early exposure and modern, age-appropriate coaching as the missing links in youth development across Nigeria and much of Africa.
“The bane of sports in Nigeria and many African countries is that our youth don’t get opportunities early enough and lack modern coaching techniques that accelerate their development,” Ijirigho stated.
According to him, the Future Olympian Athletics Classic will go beyond competition by incorporating international coaching clinics designed to transfer contemporary skills and knowledge to Games masters and grassroots coaches nationwide.
“The Classic will not only discover talents in their early teens but also upgrade the capacity of our coaches. That way, we will nurture them properly to become Olympians and world beaters in their late teens and early twenties. This programme is strictly for high school students because it is developmental.”
The decision to expand the event to all six geopolitical zones, he noted, reflects a commitment to inclusivity and equal opportunity.
“Talents abound in every nook and cranny of the country. There are middle- and long-distance runners, sprinters, quarter-milers, jumpers and hurdlers who were either not discovered at all or discovered too late. With this postponement, we can widen the tent and give every Nigerian child a fair chance.”
Ijirigho expressed confidence that with proper planning and sustained grassroots investment, Nigeria can reclaim its place at the summit of global athletics.
“We have what it takes to dominate athletics worldwide. All we need is to get our development programme right. The Future Olympian Athletics Classic will lay that foundation for our youth and for the country when it begins in the last quarter of 2026.”
With its expanded national scope and emphasis on structured youth development, the initiative signals a renewed push to reposition Nigerian athletics for long-term global success.
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