ANC STATEMENT ON THE CASTER SEMENYA SWISS SUPREME COURT RULING

The ANC has noted with apprehension the ruling by the Swiss Supreme Court which confirms the 2019 World Athletics and Court of Arbitration for Sport judgement that makes it mandatory for women athletes with differences of sexual development (DSD) to undergo hormone suppressing treatment. This decision led to South African Olympic Champion, Caster Semenya, being excluded from defending her Olympic title. In a massive blow to the global Queer community, the Swiss Supreme Court ruled that Semenya will not be eligible to compete in the traditional 800m events until she undergoes hormone suppressing treatment.

The ANC condemns this travesty of justice. We firmly and unequivocally reaffirm our undivided support to Semenya. We echo her sentiments and condemn the inhumane testing of women athletes with different abilities to satisfy their bigotry. We challenge the World Athletics community to reflect on the many years of torture they have subjected Semenya to because of how she was born. We challenge the International Association of Athletics Federations (IAAF) to reflect on its continuous culture that stigmatizes and marginalises women with DSD, particularly black women.

Furthermore, we believe that the IAAF has succeeded in violating all principles meant to protect people against unethical medical testing. This persisting culture of othering and subjecting DSD women to hormone suppressing treatment is in direct conflict to the many international oversights and accountability structures and agreements, including the Universal Declaration of Human Rights.

The latest developments are a stark reminder that Queer people continue to bear the brunt of erasure and exclusion in many spaces of society. We are confident that the ANC government and the entire progressive world will intervene on the side of justice and Caster Semenya. Queer women cannot continue to be guinea pigs for Western experiments. This decision also affects transgendered athletes in the most fundamental way. Having been assigned female at birth, raised and identifying as a woman, it is extremely appalling to be expected to suddenly become a man and be identified as one.

We call upon Athletics South Africa not to tire, but to remain firm and persistent, and to continue expressing its dissatisfaction condemning the perpetuation of stigma against DSD women in world athletics. As a country that respects the rule of law and espouses the values of justice and equality, we condemn this bias and prejudiced ruling and support Semenya's efforts in maintaining her position to reject this mandatory therapy.

The ANC is confident that all available avenues will be explored to ensure that this miscarriage of justice is overturned.

Statement issued by ANC, 10 September 2020