The case before the Court of Arbitration for Sport (CAS) ad hoc chamber involved a dispute between the Congolese Olympic Committee (COC) and boxer Jesus Kibunde against the International Amateur Boxing Association (AIBA) regarding Kibunde's disqualification from the Sydney 2000 Olympics lightweight boxing tournament. The disqualification stemmed from Kibunde's absence at the mandatory pre-tournament weigh-in and medical examination on September 14, 2000, which was a prerequisite for participation. Kibunde, who had qualified for the Olympics in March 2000, missed the weigh-in due to travel complications, including flight cancellations, delays, and transit visa issues, causing him to arrive in Sydney only on September 15. The COC and Kibunde argued that these circumstances were beyond his control and requested an exception to allow his participation. However, AIBA maintained that Kibunde had not been properly registered through the required entry forms, and his name was not on the official competitor list. Additionally, conflicting weigh-in dates were initially provided, though the final date was confirmed as September 14. The Sydney Organizing Committee (SOCOG) had arranged travel logistics but could not prevent the delays Kibunde faced.
The CAS ad hoc chamber, governed by the Arbitration Rules for the Sydney Olympics and Swiss private international law, examined whether AIBA's disqualification decision respected general legal principles, including fairness and proportionality. The hearing, conducted in French with English translation, included testimonies from SOCOG's representative and submissions from both parties. The tribunal balanced the strict application of competition rules against the exceptional circumstances faced by Kibunde. It found no fault with SOCOG, which had made considerable efforts to assist the delegation, and noted that AIBA's rules, which mandated strict adherence to weigh-in and draw procedures, were necessary for fair competition and athlete safety. The rules also allowed for flexibility in exceptional cases, but Kibunde and the COC had not sought prior approval for a delay from AIBA's Executive Committee.
The panel further assessed whether AIBA's decision violated equal treatment principles or was disproportionate. It emphasized that the preliminary weigh-in and subsequent draw were critical for organizing the tournament and ensuring athletes knew their opponents in advance. Kibunde's exclusion, while unfortunate, was neither excessive nor arbitrary, as altering the draw would unfairly disadvantage other athletes and disrupt the event's schedule. The panel concluded that the rules were applied consistently and any deviation would undermine fairness and the competition's integrity.
Ultimately, the CAS upheld AIBA's disqualification decision, ruling that its regulations complied with legal principles and their enforcement was proportionate and non-discriminatory. The decision underscored the importance of strict adherence to competition rules to maintain fairness, even in cases where the outcome is harsh for individual athletes. The panel dismissed the claim filed by the COC and Kibunde, affirming AIBA's right to enforce its regulations without violating fundamental legal principles. The ruling highlighted the necessity of procedural requirements in international sports competitions to ensure fairness for all participants.