Werksmans' representation of Ludwick Mamabolo almost generated as much attention as did his suspension following an allegation that he had tested positive for a prohibited substance after winning the 2012 Comrades Marathon.

The question has been raised in the press whether Ludwick's defence rested solely on "clever lawyers" finding technical defences to attempt to exonerate an otherwise guilty individual.  Werksmans and its counsel, from the moment that we became involved in this matter, had no doubt that Ludwick was innocent.

On 2 May 2013, an adjudication panel of the South African Institute for Drug Free Sports (SAIDS) stated the following in their ruling: "It is an exceptional case … and the war against doping cannot conceivably mean that despite facts Mr Mamabolo should be an innocent victim in this war. … the test results in respect of Mr Mamabolo are declared void.   The departures from the international standards and/or other doping rules that took place at Comrades 2012 could reasonably have caused the adverse analytical finding in respect of Mr Mamabolo.  Consequently, Mr Mamabolo is not guilty of the charges proferred against him."

Of particular interest is the section of the ruling which stated: Each of those representing Mr Mamabolo provided their time and expertise – and considerable energy and effort - in this matter on a pro bono basis.The amount of work they put in is evident to an extent from the record in these proceedings and from the quality and focus of the questions, the evidence and the arguments.  For them to have done so on a pro bono basis is exceptional.

The adjudication panel expressed their appreciation to each of the legal representatives and the expert witnesses (who also gave of their time pro bono) as follows:  “Without their efforts the matter would have been far more difficult than it was, and the Panel would have been left without the benefit of information and input necessary to enable it to meet its obligations to the parties and also to the different principles of importance to the dispute."

One of the counsel, who acted for the Werksmans team, stated that “It has been a unique privilege to be involved in this case. Ludwick had the unparalleled commitment of his team of attorneys, who left no stone unturned to ensure that the best possible case could be presented in his defence. As we delved into the case, we acquired that determination which comes from seeing an injustice and wanting to put it right. It is our hope that going forward, anti-doping measures in South African sports will gain a reputation for being truly fair and transparent and that the reputation the Comrades Marathon holds worldwide, will remain synonymous with hard work, honour and courage."

Commenting at the media briefing, Werksmans director David Hertz had the following to say "In my more than twenty years at Werksmans and as a head of its corporate litigation team, I have never been so proud to be associated with a pro bono matter such as this. Ludwick was born to win the Comrades. He comes from a family of long distance athletes and has the genetic makeup and self-motivation of a natural winner."

By Louise Bick, director, Trevor Boswell, director, David Hertz, director, Greg Nott, director, at Werksmans Attorneys