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Caster Semenya verdict: South African government to launch appeal against testosterone ruling

Caster Semenya has stated she will continue to defy the enforced medication ruling 
Caster Semenya has stated she will continue to defy the enforced medication ruling  Credit: Getty Images

South Africa has confirmed it will launch an urgent appeal against the landmark ruling against Caster Semenya on testosterone-reducing drugs.

The nation's sports minister will lodge papers at Switzerland's Federal Tribunal based on complaints that the Court of Abitration for Sport had demonstrated lack of clarity over how the ruling could be implemented and how the evidence was handled.

It gives Semenya a glimmer of light she may yet get the chance to compete to defend her 800metres world title. The double Olympic champion had previously told the Daily Telegraph she will continue to defy the enforced medication as the deadline expired for athletes with differences in sexual development (DSD) to comply with the new rules in time for the World Championships.

On Monday Vuyo Mhaga, spokesman for the South African sport and recreation ministry, told news agency AFP: "We'll file the appeal as soon as we possibly can."

Mhaga added: "It is not explained how the IAAF (the International Association of Athletics Federations) is going to administer those regulations. We feel that the scientific information that has been brought has been actually completely ignored and we've got a belief that a different court will arrive at a different determination. Everything is being done through Athletics SA."

The International Association of Athletics Federations (IAAF) had set a deadline of last week for DSD athletes to submit samples showing a testosterone level below five nanomoles per litre, which they must maintain over the next four-and-a-half months. Gregory Nott, one of Semenya's legal representative, confirmed it was "very safe to say" she will continue avoiding any curbs on her testosterone levels.

The IAAF has been criticised for the rules, with allegations that the science is flawed, regulations ethically dubious and potential medical side-effects unknown. The World Medical Association (WMA) have urged their member physicians in 114 countries not to assist in the implementation of the regulations.

In response, the IAAF has written to the WMA, saying the rules have been developed after "many scientific publications and observations from the field during the last 15 years".

One option thought to be available to Semenya is to fight the ruling on human rights grounds, but the IAAF has said this week it is not subject to such laws as it "is not a public authority, exercising state powers, but rather a private body exercising private (contractual) powers".

Dr Seema Patel, a supporter of Semenya's at Nottingham Law School, says her grounds for appeal remain "very limited".

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