Minister Gayton McKenzie
By Sello Masilo
Minister of Sport, Arts and Culture Gayton McKenzie has voiced strong backing for the Grand Chamber of the European Court of Human Rights (ECHR) ruling on Thursday, 10 July 2025. The court’s 15-2 decision upheld a 2023 lower chamber finding that Semenya was denied a fair and effective hearing by the Swiss Federal Tribunal in her appeal against World Athletics’ eligibility rules. This marks a key moment in Semenya’s ongoing fight, which began in 2018, to compete without being forced to lower her naturally high testosterone levels. McKenzie described it as a win for dignity and human rights, saying, “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.”
Details of the ECHR Grand Chamber Ruling
The ECHR’s highest body, comprising 17 judges, focused on procedural fairness rather than directly challenging the regulations themselves. It ruled that Switzerland violated Semenya’s right to an effective remedy and protection from discrimination under the European Convention on Human Rights. Specifically, the Swiss Supreme Court failed to properly examine her claims when it dismissed her 2020 appeal against a Court of Arbitration for Sport (CAS) decision upholding World Athletics’ rules. These rules require athletes with differences of sexual development (DSD) – like Semenya, who has naturally elevated testosterone – to reduce levels below 5 nmol/L for at least six months to compete in events from 400m to the mile.
The Grand Chamber confirmed violations of Article 6 (right to a fair hearing), Article 13 (right to an effective remedy), and Article 14 (prohibition of discrimination) combined with Article 8 (right to respect for private life). However, it did not declare the regulations invalid or order their suspension, leaving that to potential future challenges. Semenya was awarded €80,000 (about R1.5 million) in legal costs, and the case returns to Switzerland for reconsideration, potentially opening doors for her to seek compensation or further appeals.
Semenya, who has not raced her signature 800m event since 2019 due to refusing hormone-suppressing medication, reacted positively. She called it a “significant step forward in protecting athletes’ rights globally,” urging that “athletes’ rights to be put first.” In a statement, she expressed hope it would inspire change, saying the ruling affirms that no athlete should face discrimination based on natural traits.
South Africa’s Long-Standing Support for Semenya
From the start, the South African government has rallied behind Semenya. The Department of Sport, Arts and Culture (DSAC), through its predecessors, formed multi-sectoral teams with legal, medical, and advocacy experts to back her case. They launched the #NaturallySuperior campaign to raise awareness and build international solidarity, framing her abilities as gifts to celebrate, not control.
DSAC provided financial aid to Athletics South Africa (ASA) for legal battles and worked with the Department of International Relations and Cooperation (DIRCO) to push the issue at the United Nations Human Rights Council. This led to a 2019 resolution condemning the rules as violations of bodily integrity, equality, and freedom from cruel treatment. McKenzie reaffirmed this commitment: “Caster Semenya has become the face of defiance against injustice in global sport, and this court victory 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.” He added, “We can’t wait to see you running again.”
Deputy Minister of Justice and Constitutional Development Andries Nel also welcomed the ruling, calling it a “landmark” that reinforces human rights principles and supports Semenya’s fight against unfair treatment. The Commission for Gender Equality (CGE) noted the judgment and plans a formal statement after study.
Background to Semenya’s Legal Battle
Semenya’s ordeal began after her 2009 World Championship win, when she faced invasive sex verification tests. World Athletics (then IAAF) introduced DSD regulations in 2011, revised in 2018 to target her events. She challenged at CAS in 2019, losing despite arguments the rules discriminated based on gender and race. The Swiss Federal Tribunal upheld CAS in 2020, leading to her ECHR appeal.
The 2023 ECHR chamber ruled 4-3 in her favour on discrimination but not on the rules’ validity. Switzerland appealed to the Grand Chamber, but the latest verdict strengthens her position, potentially pressuring World Athletics to review policies. Semenya, now 34, has shifted to longer distances like 5,000m but aims to return to 800m without medication, which she says causes side effects like nausea and weight gain.
Reactions from Political Parties and Athletics Bodies
The Economic Freedom Fighters (EFF) hailed the ruling as a triumph against “racist and sexist” regulations, urging World Athletics to scrap them and allow Semenya to compete freely. World Athletics responded by maintaining the rules are “lawful and proportionate” to ensure fair competition, expressing disappointment but respect for the ECHR process. They noted the ruling does not change the regulations or her eligibility.
Social media erupted with support, with posts celebrating it as a win for African women and human rights. Semenya’s tweet “✊🏿✊🏿✊🏿” garnered thousands of likes, symbolising defiance.
Implications for Global Sport and Future Steps
This ruling could influence similar cases, like those of Namibian sprinters Christine Mboma and Beatrice Masilingi, affected by DSD rules. It highlights biases in sports governance, often seen as Eurocentric, and calls for reforms respecting bodily autonomy. DSAC plans continued collaboration with ASA, African federations, and experts to challenge via World Athletics structures.
For Semenya, a mother of two who coaches and advocates, it’s about legacy: protecting future athletes from scrutiny she endured. As McKenzie noted, South Africa stands ready to support until full justice prevails, echoing national pride in her resilience.
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