E-DRUG: TAC press release
-----------------------------------
[The full court order (70 pages) or a 7 page summary can be downloaded
from www.tac.org.za
Here the TAC press release. No comment was available from the MOH. NN]
"A COUNTRYWIDE MTCT PREVENTION PROGRAMME IS AN INELUCTABLE OBLIGATION
OF THE STATE" - PRETORIA HIGH COURT
TAC, CHILDREN'S RIGHTS CENTRE AND DR. HAROON SALOOJEE WIN COURT BATTLE
AGAINST GOVERNMENT!
"I am overwhelmed with happiness for all HIV positive women. As a
woman who gave birth to an HIV-positive baby and one who did not get
the chance to use Nevirapine or AZT, I think the court has given women
hope. My child has died but every child from today will have a chance
to live without HIV/AIDS", Busisiwe Maqungo said in Khayelitsha today.
On 14th December 2001, Justice Chris Botha of the Pretoria High Court
found in favour of the Treatment Action Campaign, the Children's
Rights Centre and paediatricians represented by Dr. Haroon Saloojee of
Chris Hani Baragwanath and against the Minister of Health and
government on the issue of mother-to-child HIV transmission. Judge
Botha said: "About one thing there must be no misunderstanding: a
countrywide MTCT prevention programme is an ineluctable obligation of
the State."
The Judge declared that the government policy of "prohibiting the use
of Nevirapine outside the pilot sites in the public health sector is
not reasonable and that it is an unjustifiable barrier to the
progressive realization of the right to health care." He therefore
ordered the government "to make Nevirapine available to pregnant women
with HIV who give birth in the public sector, and to their babies, in
public health facilities to which the respondents' present programme
for the prevention of mother-to-child transmission of HIV has not yet
been extended, where in the opinion of the attending medical
practitioner, acting in consultation with the medical superintendent
of the facility concerned, this is medically indicated, which shall at
least include that the woman concerned has been appropriately tested
and counselled."
The court also found that the government had violated section 27 of
the Constitution that guarantees access to health care services
including the right to reproductive health care. The state had not
taken reasonable measures within its available resources to provide
women access to programmes that prevent HIV transmission from mother
to child.
Judge Botha held that "all this leads only to one conclusion: that
there is no comprehensive and coordinated plan for a roll out of the
MTCT prevention programme. At best the intention, even the keenness,
to extend the programme to the whole population is expressed. There
is no unqualified commitment [by government] to reach the rest of the
population in any given time or at any given rate." The court ordered
the government to provide a comprehensive national MTCT roll-out plan
by 31 March 2002.
Dr. Haroon Saloojee representing paediatricians and other health care
workers said: "The court has recognised the gravity of the situation
and the need to avert avoidable and predictable infection and death in
children. It also affirms the right of women to choose. This judgment
is a superb Christmas present for all people with HIV/AIDS, their
families and health care professionals."
Cati Vawda, Director of the Children's Rights Centre said: "Today, the
court ended a medical apartheid in our country that denied poor women
with HIV access to reproductive health care. This judgment is a
victory for all poor people in our country and an affirmation of the
rights of children. We extend our hands to government to work together
to produce and implement a coherent national MTCT prevention plan."
TAC called on the government to meet with the organisation and to work
together. Sipho Mthathi said "The court has vindicated the position of
TAC. For more than five years activists, nurses and doctors have
attempted to convince the government of the need for a comprehensive
roll-out plan. The government has failed women with HIV/AIDS, children
and all people in our country. Now, it has the opportunity to heal
the wounds caused by its lack of action. We urge the government to
fulfill its constitutional obligations and to respect the court
ruling. Government has a choice: work with TAC or face an
unprecedented national and international mobilisation."
TAC thanks all the people who have helped with this case. First,
thanks to all the women with HIV/AIDS who trusted TAC to act on their
behalf. Also, thanks to all individuals (locally and globally) TAC
members, staff, volunteers and civil society organisations who
fearlessly supported the court action.
There was significant support from local experts -- thanks from TAC
to:
Professor Quarraisha Abdool Kariem - epidemiology
Dr. Alan Colm -- Eastern Cape HIV/AIDS Expenditure
Professor Peter Cooper -- Public sector paediatricians
Professor Peter Folb -- regulatory process
Dr. Andrew James Grant -- Rural Kwazulu-Natal Capacity
Professor Nicoli Nattrass -- economics of MTCT
Dr. Hermann Reuter -- Khayelitsha MTCT Programme
Dr. Pierre Schoeman -- Nevirapine Resistance
Professor Helen Schneider -- Health Systems Capacity
Professor Robin Wood -- Nevirapine: Safety and Efficacy
People such as Dr. Eric Goemaere and all the healthcare professionals
and workers at the Khayelitsha clinics, Professor Jerry Coovadia and
his colleagues at King Edward II, Dr Glenda Gray and her colleagues
whose pioneering work made this victory possible. Thanks also to many
other locals some preferring to remain unnamed and others whose names
I may not have.
Internationally, we wish to thank many people some who contributed
affidavits and others who provided their expertise -- they include:
Professor Art Ammann
Dr. Dirk Buyse
Professor Tim Farley
Gregg Gonsalves
Professor Laura Guay
Dr. David Katzenstein
Dr. Brooks Jackson
Professor Lynne Mofenson
Professor Mark Wainberg
Professor Cathy Wilfert
Some of South Africa's best lawyers -- Mr. Geoff Budlender, Adv.
Gilbert Marcus SC and Adv Bongani Majola represented TAC. Their skill
made this victory possible. TAC's special thanks to them and the Legal
Resouces Centre. The AIDS Law Project has been a constant source of
support through difficult times in particular Mark Heywood, Althea
Cornelius (who spent hours paginating and indexing the court record),
Marlise Richter, Lindi Kunene, Chloe Hardy and Liesl Gerntholz.
The full judgement, highlights from the judgement and this statement
will be made available on the TAC website (www.tac.org.za).
For further information contact:
Nathan Geffen 27 21 462 6322 or 27 21 650 4056
Sipho Mthathi 27 21 685 1440 or 27 21 686 6696
Nonkosi Khumalo 27 72 231 1422
From Zackie Achmat
On Behalf of the TAC National Executive Committee
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