Gayton McKenzie vs Drug-Free Sport: heated debate in Parliament

Minister Gayton Mckenzie defended his decision to dissolve the SAIDS board in Parliament on Tuesday. But former board members said the decision was based on a flawed report. Photo: Matthew Hirsch

The decision to dissolve the board of the South African Institute for Drug-Free Sport (SAIDS) was “irrational” and relied on a “flawed” forensic report. This was the argument by members of the dissolved board during a tense meeting of the Parliamentary Portfolio Committee on Sports, Arts, and Culture on Tuesday afternoon.

The SAIDS board was dissolved by Minister of Sports, Arts and Culture Gayton McKenzie in May, following a forensic investigation. The report of the investigation had found that approximately R1.4-million spent by the board to appeal a finding by the World Anti-Doping Agency (WADA) was irregular. (The actual amount spent, according to the board, was less than this.)

Background

WADA had issued a notice in September 2023 that South African legislation, in particular the South African Drug Free Sport Amendment Act, 25 of 2006, was not in line with the World Anti-Doping Code. SAIDS appealed this.

The consequences of non-compliance are significant. South Africa, for example, would not have been awarded the right to host regional, continental and world championships until compliance was achieved.

It would also have meant that national teams such as the Proteas and Springboks would not be able to play under the national flag at international competitions.

Amended legislation has since come into force, in July 2024, and compliance has been achieved.

WADA has withdrawn its claim and the parties agreed on costs.

But as part of the process, the previous minister, Zizi Kodwa, had, in 2023, instructed SAIDS to challenge WADA’s non-compliance declaration against South Africa through the Court of Arbitration in Sport (CAS).

“I believe the grounds for appeal are strong and that the sanctions are not appropriate,” Kodwa said at the time.

Disputed report

The purpose of Tuesday’s meeting was for the dissolved board to present its concerns to the committee about the forensic investigation report.

The meeting at one point got quite heated, with one board member saying it was “criminal” to describe the steps SAIDS took to fight the WADA decision as wasteful expenditure.

According to a presentation to the committee by the sports department, a letter dated 9 May 2025 was sent to the SAIDS board giving it an opportunity to submit a written representation on the findings against it. The department said an extract of the report about the board was included.

The SAIDS board responded on 15 May, requesting the full report. A response to the request was sent three days later, indicating that the department was not in a position to provide a full report due to the POPI Act.

On 29 May 2025, the minister dissolved the board.

Dr Hajira Mashego, deputy chairperson of the (now dissolved) board, explained that the board’s term of office was from 1 December 2022. Anything in the report predating that fell “outside our compliance and accountability”, Mashego explained.

“The current board had to take these measures to defend our country and our sporting codes. Subsequently, no sporting code was affected, so we do not think this was fruitless and wasteful expenditure,” she said.

Mashego also pointed out that SAIDS got a clean audit for the period of 1 April 2024 to 31 March 2025.

“Criminal” to call this wasteful

Shuaib Manjra, a doctor on the dissolved board, added that the board was acting in the “national interest and protecting our sport” on the international stage.

“That the POPI Act is invoked to prevent making this report available is disingenuous. Names, if they compromise individuals prior to due process, could be redacted. … The Minister, however, showed no such concern for the SAIDS board members whose names are publicly known,” Manjra said.

“The only way we could avoid [sanctions] was engagement with WADA. Having failed, the only option open to us was to take this to CAS,” he continued.

“That was a critical step. For us to call it wasteful expenditure, I think it’s criminal,” he said.

“It cost us just over R1-million to challenge this in a court based in Switzerland and engaging the world’s top lawyers on this issue. In this, we succeeded in preventing South Africa’s suspension from international sport,” Manjra said.

Manjra said that the board was never interviewed during the investigation.

He asked the committee to investigate the merits of the case or appoint an independent legal firm or a retired judge to investigate the matter.

“We are open to fully cooperating with such a transparent investigation rather than a false, flawed and opaque process on which the minister has chosen to rely on. [This has] serious consequences for us as individuals who served on this board with great integrity,” Manjra told the committee.

Some MPs also criticised McKenzie.

Nomgqibelo Nkosi (ANC) said she did not accept the dissolution of the board. “The recommendations are unfounded,” she said. “The findings are one-sided.” She asked the minister how she could “crucify” people without getting their side of the story.

Eugene Mthethwa (EFF) said the minister did not care about the image of those on the dissolved board, saying he had called for nominations for a new board before exhausting the matter.

McKenzie said that it was ultimately his decision and within his mandate to dissolve the board.

“I want to say it right here, once it can be proven to me that I’ve erred, I’ll be the first to say I can retract the course of action.”

“I lean on this committee as a first-time minister also to guide me,” he said.

“I will resign before [not going] with the recommendations of a reputable firm,” said Mckenzie.

In June, the department issued a notice calling for the nomination of new board members.

“I still stand by the advice that I’ve been given. I like the board, but this is not about who I like. It is about the recommendations [of the report]. We must take the committee into our confidence and give you that report,” he said.

Chairperson of the committee, Joseph McGluwa (DA) thanked McKenzie and members of the dissolved board for attending the meeting. He said the committee would meet as soon as possible to discuss the report, which was sent to the committee during the meeting.

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