AEGiS-DMG: View Aids court case 'in proper context' Daily Mail & GuardianImportant note: Information in this article was accurate in 2002. The state of the art may have changed since the publication date.
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View Aids court case 'in proper context'

Mail & Guardian (Johannesburg) - Wednesday, May 1,2002


THE Constitutional Court case on the provision of anti-Aids drugs at state hospitals should be dealt with "in its proper context", a statement issued by Cabinet said on Tuesday.

"Government hopes that the hearing will be handled in a spirit of partnership and co-operation, and that it will be treated in its proper context as seeking clarification on the issue of division of powers rather than a debate on access to nevirapine."

The government and the Treatment Action Campaign (TAC) will meet in court on Thursday and Friday to get the final word on whether antiretroviral drugs should be provided at state hospitals to prevent mother-to-child transmission (MTCT) of HIV.

The Constitutional Court will hear the appeal of Health Minister Dr Manto Tshabalala-Msimang and seven health MECs against a Pretoria High Court judgment ordering them to make the drug available to all HIV-positive pregnant women where medically indicated and where the women concerned had been tested and counselled.

The government contends that the original order infringes the principle of the separation of powers.

Joel Netshitenzhe, head of Government Communications, said the government was already preparing a roll-out plan to make nevirapine available once its research on the drug had been completed.

"Should the court rule in our favour (on the nevirapine issue), we will still continue with our planned roll-out after December 2002 when the research would have been completed," he said.

The statement also said the SA National Aids Council (Sanac) will meet next week to discuss the government's Campaign of Hope on HIV/Aids.

"Cabinet noted the positive response among various role-players to the government's Campaign of Hope on the issue of HIV/Aids. A special meeting will be held next week to examine the role that various partners can play in the campaign." - Sapa
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