On the 23rd of September 2024, UCI, the International Cycling Union informed both Cycling South Africa and Mr Shaun Nick Bester that as a global cycling organisation, they have extended the effects of the sanction by Cycling South Africa imposed on the 2nd of June 2024.
UCI advised Mr Shaun Nick Bester as follows: “we hereby inform you of the extension of the effects of the sanction imposed by Cycling South Africa, that in relation to charges of sexual harassment and abuse within the context of your activity as cycling coach, to global application. The specific sanction subject to the extension to global application is detailed in paragraphs 290 of the Disciplinary Hearing Ruling dated 30 October 2023 (hereinafter: the Disciplinary Hearing Ruling) and 88 of the Appeal Ruling dated 2 June 2024 (hereinafter: the Appeal Ruling) as follows:
- A ban from taking part in any cycling activity which is organised by CSA and / or UCI or their affiliates
- “(…) the lifetime ban should be tempered in the sense that after 15 years (and that is from date of publication hereof) the Appellant may apply for CSA membership that will entitle him to ordinary (recreational) membership to participate locally in CSA sanctioned cycling events only. As such the
- The lifetime ban is suspended after 15 years subject to the following:
- During the suspended period Appellant may not register with CSA (or its affiliates) as a coach, nor may the Appellant engage, directly or indirectly, in any activity that relates to coaching. The Appellant may also not serve in any organising structure of CSA. His CSA membership shall be limited to that of an ordinary (recreational) member of CSA participating in CSA sanctioned cycling events.
- The Appellant may not transgress any Rule related to any Code of Ethics or any safeguarding provision of CSA, UCI or any recognized national sport federation under the auspices of Sport South Africa.
- Any competition prize money or prize received by the Appellant will be forfeited in favour of CSA”
UCI’s Regulatory basis for the extension to global application
According to article 12.1.006 (paragraph 3) of the UCI Regulations, “[t]he UCI may extend the effects of a National Federation’s decision to global application if the decision has been made in accordance with rules and a procedure that comply with the provisions of these regulations (…)”.
Effects of the extension to global application
The sanction referred to above shall now be applicable and enforceable in the territories of all National Federations affiliated to the UCI. Mr Bester should therefore refrain from requesting UCI licence from any national federation affiliated to the UCI.
Mr. Bester shall also refrain from participating in activities that come under the jurisdiction of the UCI and/or its affiliated National Federations. Any licence application made with the National Federation or activities carried out within cycling shall be in breach of the present notice and represent a violation of a UCI decision for which disciplinary proceedings may be initiated (cf. article 12.4.017 (b) of the UCI Regulations).
End.
