Slowest justice in history for fastest athlete

The embattled South African middle-distance runner Caster Semenya is on another collision course with the International Association of Athletics Federations (IAAF) and Athletics South Africa. This comes after she was prohibited from taking part in the fifth meeting in the Yellow Pages Series in Stellenbosch last week. Semenya, the South African and world women's 800-metre champion, turned up at the track in Coetzenburg Stadium, accompanied by her legal representative and coach, and demanded to be allowed to run after her career had been put on hold for many months by the two athletics governing bodies.

Semenya, who won the world title in Berlin under controversial circumstances, is currently under investigation by the IAAF because of doubts about her gender. Although she is not under suspension and is technically free to compete, ASA has been requested by the IAAF not to allow her to take part in any races while the world body is conducting its investigation.

Semenya had agreed to this previously, however, in a statement, she said she would return to competition this season. She said she had done nothing wrong and should be allowed to race.

“I hereby publicly announce my return to athletics competitions,” Semenya said. "I am of the firm view that there is no impediment to me competing in athletics competitions. I will, however, continue to assist the IAAF with whatsoever they may require for their own processes and in this regard I have instructed my legal and medical team to work closely with, and continue negotiation with them for these purposes.”

She added: “I have been subjected to unwarranted and invasive scrutiny of the most intimate and private details of my being. I had committed no wrongdoing, I begrudgingly committed to assist the IAAF in concluding its processes which I did not agree with.”

The IAAF still is reviewing the results of tests done on Semenya to determine her eligibility. It has refused to confirm or deny Australian media reports that the tests indicate Semenya has both male and female sexual organs.

Semenya said in her statement that her legal advisers had attempted to contact the IAAF three times, but had not received any response about when she could return to competition. “The result is that my athletic capabilities and earning potential are being severely compromised,” she said.

She added that she and her advisers “will work closely together to identify and prepare for a limited number of athletics meetings over the course of the coming athletics season.”

At the Stellenbosch meeting, a representative of ASA pointed out to Semenya and her lawyer that she would not be allowed to run because of the IAAF investigation. The athlete and her lawyer “agreed, for now”. (Sources: www.inqusitr.com; www.guardian.co.uk; www.supersport.com).

A furious Semenya said the decision not to allow her to compete, infringes on her constitutional rights.

According to "SuperSport", the gender case involving Semenya already has taken far longer than any similar situation with which the IAAF has dealt previously, according to a senior official who was involved in other cases.

The IAAF previously has had eight athletes who underwent gender verification tests, but the longest of those cases took only six months from when the athlete was tested until the matter was concluded.

Semenya was first tested in August last year and, eight months later, the IAAF has yet to make a decision on whether or not the teenager can compete against women.

“When an athlete's gender is questioned, they first need to conduct tests,” said the official, who spoke on condition of anonymity.

“The athlete puts together a medical team and they sit down with the IAAF medical team and on the basis of results from the tests they have conducted, they must come to an agreement. (Source: www.Supersport.com)

“From the start of this process to the end has never taken more than six months. And that was the longest case. However, because of the way this case was poorly handled by ASA, and because legal teams were drawn into the matter, the start of the process was delayed.

“I'm sure the two medical teams did not meet until January, so that's why this matter has taken so long to solve," added the official.

“I don't think the IAAF are dragging their feet, it's just that there were more complications in this case than they have experienced in previous cases.”

Semenya threatened to take urgent legal action against ASA if it would not allow her to run in the final Yellow Pages Series meeting of the season in Germiston as well as the SA junior championship on Saturday and Sunday.

But while ASA assistant administrator Richard Stander - who last week gave the IAAF a June deadline to solve the matter - said he had not spoken to Semenya's lawyers, and did not know if legal action had been taken, he reiterated that the 19-year old would not be allowed to compete this week.

“There is no possibility of Semenya competing on Tuesday,” Stander said on Monday. “We are acting on the guidance of the IAAF. (Source: www.Supersport.com)

“She has not been suspended, but she doesn't have to be. In cases like this, while the negotiations are still ongoing, it is advisable for the athlete to step aside. It's the right thing to do.

“This is an ASA-sanctioned event and she will not be allowed to run in any sanctioned event until this matter is resolved," he added.

“This is not about Semenya, it's about the other athletes she would be competing against. It's only fair on her competitors for her to step aside until it is decided whether or not she holds an unfair advantage.”

Over the past week, the blunders made by the old ASA regime were highlighted again during intensive scrutiny by the media. Leonard Chuene, former president of ASA, knew in 2007 about complaints against Semenya’s gender. (Source: Rapport, 5 April 2010).

In 2007, during the SA junior championship in Pretoria, an official demanded that Semenya be removed from participation until her gender was investigated and her bona fides proved by a certified doctor. The doctor informed ASA that she possessed male and female genitals, but officials were not prepared to disqualify her and she was allowed to compete.

Dr Chris Hattingh, head of ASA’s doping committee, told "Rapport" that certain parents complained about Caster’s gender and alleged advantages in 2007. He conveyed the complaints to ASA. A year later, though, he had heard nothing more from ASA.

The explanations given by the aforementioned official on the painstakingly slow process, fail to supply adequate answers as to why this entire investigation is lasting eight months and counting.

Semenya is understandably aggrieved because her career is been threatened by two factors - the gender factor and the time factor.

Disallowing her to participate for close to a year, in fact could bring a premature end to her career because participation gives one that sharp competitive edge. Living in frustration on the sidelines could only push one into the shadows.

The blunders by ASA and IAAF could force Semenya into a prolonged legal battle with these administrators, as it may cost her millions in possible participation fees that she has been denied because of their sloppy management of the entire affair.