Important note: Information in this article was accurate in 2000. The state of the art may have changed since the publication date.
The Bay Area Reporter - November 2, 2000
S. Predrag
The U.S. pharmaceutical giant, Pfizer, sells Fluconazole to the state at 28.57 rands per capsule, and the selling price is 80.24 rands for the private sector. At the same time, chemists in Cape Town are selling Diflucan (Fluconazole's trade name) at 124.84 rands.
"We want to expose the profiteering by pharmaceutical companies who are abusing their patents to condemn people to death from illnesses that are treatable," said TAC Chairman Zackie Achmat.
President Thabo Mbeki's government and Pfizer have criticized TAC for "drug smuggling," but Achmat insists that he will distribute the Biozole capsules to a network of doctors and pharmacists.
South Africa's Minister of Health, Manto Tshabalala-Msimang, condemned Achmat and his TAC activists, saying that the defiance of South Africa's patent laws was not acceptable in a country governed by the rule of law.
A local generic pharmaceutical manufacturer, Generix International, has likewise condemned the illegal import of drugs as a "breach of international patent rights, which sets a dangerous precedent."
Achmat, who is living with AIDS but has decided to refuse anti-retroviral therapy until it is available through the public health sector, went to a police station in Bellville, near Cape Town, to discuss the incident.
After lengthy negotiations, the TAC chief and his lawyer agreed to hand over the 3,000 imported Biozole capsules to the Medicines Control Council for tests to see if they are up to standard.
It seems that Achmat has some doubts in the MCC's ability to be impartial because he stressed that he still has 2,000 capsules in Thailand which "will act as a control. If any of the drugs are tampered with here we will have a control group in Thailand to prove the ones in South Africa were tampered with," he warned.
As for the criminal charges he is facing for illegally importing the medicine, the TAC leader said that, "It is a very sad moment when there are medications that can save our lives, but we have to break the law to get access to those medicines. That is a tragedy."
However, he claimed, "We have not broken the true law of the country, the law of the constitution." Achmat stated that he does not have any problems with the illegally imported drugs from Thailand being tested. "We are fighting patent laws, not safety laws."
He said that tests in Thailand have already proved the efficacy of Biozole and warned that, "If the Medicines Control Council does not register the drug, TAC will import Biozole illegally."
"If the drug is not registered," Achmat said, "TAC will continue our defiance campaign [and] those with HIV must get ready to go to Thailand, Brazil, and India to get these medicines. We will continue until they have locked up every person with HIV in our jails."
Asked by a South African newspaper, Argus, to comment on the drug companies' view that they spent a lot of money developing their drugs and therefore deserved patent protection, Achmat responded, "We say they have recovered their investment, they have clearly made excessive profits over the years with this drug."
Achmat and TAC are not alone in their battle.
According to Greg Hussey of the University of Cape Town's child health unit, "We see people dying of meningitis or severely ill from fungal infections and this treatment would make the world of difference."
Many other doctors have supported TAC's insistence that the import of a wide range of cheap drugs should be allowed.
The Pan Africanist Congress has accused the South African government and the drug industry of reacting "hysterically" to TAC's import of a generic drug from Thailand.
The PAC Health Secretary, Dr. Costa Gazi, has said that international trade laws allow the government to import drugs and manufacture them without paying royalties in the event of a health crisis. He posed the following question û "Who but silent President Thabo Mbeki would deny that we are in the middle of a very serious emergency with regard to HIV/AIDS?"
Most analysts believe that this incident involving the illegal import of generic drugs is just the beginning of a massive campaign with health, social, and political implications not only for South Africa but many developing countries as well.
001102
BR001108
Copyright © 2000 - The Bay Area Reporter. Reproduction of this article (other than one copy for personal reference) must be cleared through the The Bay Area Reporter.
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, Elton John AIDS Foundation, the National Library of Medicine, Pacific Life Foundation and donations from users like you.
Always watch for outdated information. This article first appeared in 2000. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 2000. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .