Minister of Sport, Arts and Culture Gayton McKenzie has welcomed the recent judgment by the Grand Chamber of the European Court of Human Rights (ECHR), which upheld a 2023 ruling by the ECHR’s lower chamber that Caster Mokgadi Semenya was denied a fair and effective hearing by the Swiss Federal Tribunal regarding the long-running controversy around her right to participate in professional athletics.
The decision marks a critical moment in the long-standing battle for the dignity and human rights of female athletes with differences of sexual development.
The Minister said: “Caster, we as South Africa have always stood by you, and we will continue to do so as the fight for your bodily rights continues.”
From the outset, the South African government stood firmly behind Semenya. Through the current Department of Sport, Arts and Culture and the former Department of Sport and Recreation, a coordinated and multi-sectoral response was established that included expert panels in the legal, medical, and advocacy spheres. The Department also launched the #NaturallySuperior campaign to mobilise public awareness and international solidarity, highlighting that Semenya’s natural talents should be celebrated rather than policed.
DSAC committed financially in support of Athletics South Africa’s legal efforts with Semenya and further engaged with the Department of International Relations and Cooperation to elevate the matter internationally, leading to a strong resolution on the matter at the United Nations Human Rights Council. This resolution condemned the current regulations against her as a violation of bodily integrity, equality, and freedom from cruel or degrading treatment.
While the recent ruling has not overturned these discriminatory regulations, it is an important legal and moral victory, which opens new legal avenues and affirms the right of athletes such as Semenya to be heard on just and equal terms. DSAC will continue working with Athletics South Africa, legal experts, and other African governments and federations to pursue justice through all available channels, including within the structures of World Athletics.
“Caster Semenya has become the face of defiance against injustice in global sport, and this victory in court is a victory for every African child. South Africa is proud of her, and we will walk every step of this journey with you, Caster, until justice is not only seen, but felt,” said Minister McKenzie. “We can’t wait to see you running again.”
For media enquiries:
Ms Stacey-Lee Khojane, Spokesperson: Office of the Minister of Sport, Arts and Culture
Email: StaceyK@dsac.gov.za
Cell: +27 77 608 7579
Ms Zimasa Velaphi, Head of Communication and Marketing: Department of Sport, Arts and Culture
Email: ZimasaV@dsac.gov.za
Cell: +27 (0) 72 172 8925
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