E-DRUG: South African court instructs Dept of Health to provide nevirapine
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[in another landmark decision, the Pretoria High Court today refused leave
to appeal to the SA Dept of Health against an earlier court instruction to
provide nevirapine to HIV+ pregnant mothers that have been appropriately
counselled and tested.
Interesting what a strong constitution and a committed NGO can do with an
essential drug! Below a SAPA press release, from M&G Website. Copied as
fair use. WB]
http://www.mg.co.za/mg/za/news.html#nobut
No buts, SA government told supply nevirapine
Pretoria | Monday
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THE government has to provide nevirapine to HIV-positive pregnant women at
all state hospitals with the capacity to do so, despite a possible
Constitutional Court appeal against an earlier similar ruling, the Pretoria
High Court ruled on Monday.
Judge Chris Botha refused to grant the government a certificate allowing it
ask the Constitutional Court to hear an appeal against his second order
that nevirapine should be administered beyond the State's existing pilot
sites.
In December last year, Botha granted an application by the Treatment Action
Campaign (TAC), paediatrician Haroon Saloojee of the organisation Save Our
Babies and the Children's Rights Centre for an order forcing the government
to make nevirapine available to HIV-positive pregnant women at all state
facilities with the capacity to do so and where it is medically indicated.
Earlier this month, Botha issued a certificate allowing the government to
ask the Constitutional Court to hear its appeal against the order.
At the same time, Botha granted an application by TAC for an execution
order. The latter order compels the government to provide nevirapine
outside the pilot sites pending the outcome of its possible Constitutional
Court appeal.
The Health Minister and seven health MECs (of all provinces except the
Western Cape and KwaZulu-Natal, where nevirapine programmes have already
been expanded beyond the pilot sites) on Friday asked Botha for a
certificate to allow them to approach the Constitutional Court for
permission to hear their appeal against the execution order.
Botha ruled in favour of TAC, that brought an urgent counter-application to
prevent that from happening.
The Constitutional Court is to hear on May 2 and 3 the government's request
for permission to appeal Botha's original order. - Sapa
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