JOHANNESBURG, February 18 – Athletics SA (ASA) on Monday slammed the International Association of Athletics Federations (IAAF) for what they believed to be violating the confidentiality agreement between Court of Arbitration (CAS) and ASA.
ASA made the following statement:
“Athletics South Africa notes with great dismay and disappointment that despite the parties having been bound to confidentiality undertakings and ASA consistently adhering to them, IAAF has during the course of the proceedings this morning released the names and backgrounds of their expert witnesses and provided a brief expose of their views of the topics to be covered by them in the current proceedings at the Court of Arbitration (CAS).
This is in clear violation of the confidentiality undertaking made to CAS and in ASA’s view, these amounts to underhand tactics to try and win support for their views in the court of public opinion.
Both ASA and Caster Semenya raised their objections before the CAS panel this morning and the CAS panel directed that ASA and Semenya may issue a Press Statement similar to the one issued by the IAAF.
ASA will, in due course, be making a more comprehensive disclosure of its experts’ views on the issues at hand to enable the public to be made aware of our various role players in this case and their fields of expertise who will counter the expert evidence to be tendered by the IAAF.
The arbitration proceedings are subject to strict confidentiality provisions and this information should not have been released.
ASA and Semenya believe the IAAF breach of the confidentiality provisions, was orchestrated mindful that ASA and Semenya would not be prepared to respond because they were complying with the confidentiality obligations.
We are grateful to CAS for opportunity to present our case and for granting us permission to choice of whether to disclose our list of experts publicly in response to the IAAF or not.
Going forward CAS has reiterated that the arbitration proceedings are confidential and information about the case should not be disclosed publicly. We trust the IAAF will now respect the process and comply accordingly.” (ANA)