AIDS Treatment Victory in South Africa

[Guest guest]

PRESS RELEASE

TREATMENT ACTION CAMPAIGN OF SOUTH AFRICA

14 December 2001

" 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 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 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 " [a]ll this leads only to one conclusion: that there

is no comprehensive and co-ordinated 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 fulfil 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 -- Public sector paediatricians

Professor Folb -- regulatory process

Dr. 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. Goemaere and all the healthcare professionals and

workers at the Khayelitsha clinics, Professor Jerry Coovadia and his

colleagues at King II, Dr Glenda Gray and her colleagues whose

pioneering work made this victory possible. Thanx 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 Guay

Dr. Katzenstein

Dr.

Professor Lynne Mofenson

Professor Mark Wainberg

Professor 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) within the

next few hours.

For further information contact:

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