Panafrican News Agency - December 14, 2001

President Thabo Mbeki's government will now be forced to provide these drugs to prevent mother to child transmission of HIV, which is rising in the country now believed to have five million infected people.

Members of an NGO, the Treatment Action Campaign or TAC, which filed case, stood up and cheered when Judge Chris Botha read the judgment.

Botha vindicated their position that the present government policy of selectively making Nevirapine available at designated sites was not only unreasonable, arbitrary and irrational, but created an untenable inequality which discriminated against the poor.

They said the drug is unquestionably safe and effective in reducing the risk of HIV transmission during birth.

"The respondents are obliged to make Nevirapine available to women with HIV who give birth in the public health sector and to their babies in public health facilities," Judge Botha said in his ruling.

"This must be done in the presence of attending medical officer acting in consultation with the medical superintendent of the facility concerned. "This includes that the women concerned is appropriately tested and counselled," he told the court.

He said it was the government's duty to plan an effective comprehensive national programme to prevent or reduce the mother to child transmission of HIV.

This includes the provision of voluntary counselling and testing and where appropriate Nevirapine or other appropriate medicine and formula milks or feeding which programme.

"They need to provide for the progressive implementation of the programme to the whole of the Republic," he said.

Botha ordered the respondents to plan a comprehensive national HIV/AIDS programme and report what has been implemented before 31 March 2002. He also ordered the government was ordered to pay all costs.

TAC's Mark Heywood welcomed the ruling, saying this was only the start of getting a comprehensive package of treatment for those living with HIV/AIDS in the country.

"We have every concern for access access to treatment for mothers and fathers with HIV, to make sure that we made medical treatment accessible. We don't want to save the children just to have them become orphans," he said.

Coronation Hospital paediatrician Dr Ashraf Coovadia said: "I am elated with the decision. I see mothers every week crying because they are told that their children are HIV positive. This is a victory for them and for us as doctors as well."

During the court case, the counsel for the Health Minister Marumo Maerane defended the State policy on the distribution of Nevirapine, saying it was reasonable.

Moerane argued that the benefits of Nevirapine were not as clearly established as the TAC was claiming. He said it would be counter-productive to distribute the drug at all public health care facilities before it had been established that it did not pose a health risk.

Once fully implemented the drug is expected to halve the number of children born with HIV. Current estimates indicate that about 60,000 babies are born with HIV in South Africa each year. Most die within the first 18 months of their lives.
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