Important note: Information in this article was accurate in 2002. The state of the art may have changed since the publication date.
South African Press Association (Johannesburg) - March 27, 2002
Health Minister Manto Tshabalala-Misimang has not officially clarified whether she will comply with a Pretoria High Court execution order compelling government to provide the drug at state hospitals which have the capacity to do so.
What she has said is that the government did not want to prolong the issue of universal provision of nevirapine but was concerned about the quality of medical treatment South Africans received.
"I am prepared to abide by the law but the women of South Africa deserve high-quality health care, and I will ensure this within the framework of the law.
"These drugs cannot be good for South Africa if they are not good in America or Germany where they are manufactured," she said.
She was referring to this week's statement by the United States' Food and Drug Administration (FDA) statement expressing caution over the results of a Ugandan trial of the drug in which the FDA claims records were not properly kept and blood samples were taken without patients' permission.
Tshabalala-Msimang said she respected the high court ruling and would abide by it, but said that medication could not be prescribed from the judge's bench. The Constitutional Court has apparently received papers informing it of the State's appeal against the execution order and the original order granted by Judge Chris Botha.
Botha granted an execution order on Monday, compelling the government and seven provinces to carry out an order he granted earlier this month, requiring them to provide nevirapine for prevention of mother-to-child transmission of HIV beyond the state's 18 existing pilot sites.
Tshabalala-Msimang told reporters after addressing the national traditional leaders forum on HIV/Aids in Johannesburg, that the government had appealed to the Constitutional Court that the matter be dealt with urgently and should be heard on May 2, or earlier.
She appealed to the media to begin educating people on other efforts the government was making to combat Aids.
"It's not just chemicals. We are a government that cares and will do anything within its power. Nevirapine is not a cure.
"Let's have a broader perspective of what is killing people in South Africa. It's issues of poverty, the transition and change of lifestyles," she said. Justice Minister Penuell Maduna said government would never refuse to implement a judgment of a South African court.
"We will implement all of them, even those court judgements that cause us some concerns," he said at the official opening of the revamped magistrate's court at Mitchell's Plain, Cape Town.
Maduna said a strong and well-resourced judiciary was in the best interests of any democracy and the state would always provide the necessary support. However, this did not mean that government would not criticise when it felt criticism was due.
"... as human beings and as people, we shall never desist from criticising when criticism is legitimate and we know that the judges will appreciate that." Maduna said government was, after all, a legal person and would reserve the right to all remedies available to litigants.
"We owe it to the people of South Africa to do so, so that indeed there is clarity on all the contentious and controversial matters."
The head of the House of Traditional Leaders, Inkosi Mpiyazenithombi Mzimela, addressing the conference, said traditional leaders believed HIV caused Aids and that there was need to focus on "the way forward".
Pledging their support for the fight against the disease the traditional leaders said that the government's current efforts at combating the scourge were insufficient.
"People are dying, we want to see government working to combat the epidemic. If there is a chance, use it," Mzimela said.
Meanwhile, the KwaZulu-Natal provincial legislature on Wednesday resolved to expand its nevirapine programme in the province after receiving progress reports from the provincial health department, a statement said.
The cost of expansion was estimated at over R130-million, which had not been budgeted for.
"A task team of the department of health and treasury will meet and work out funding proposals for consideration by the cabinet," the statement read.
020327
SA020306
Copyright © 2002 - South African Press Association. Reproduction of this article (other than one copy for personal reference) must be cleared through the South African Press Association, Cotswold House, Greenacres Office Park, Cnr. Victory & Rustenburg Roads, VICTORY PARK, PO BOX 7766, JOHANNESBURG, 2000; Fax No: +27 11 782-1587/8, Tel No: +27 11 782-1600.
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, National Library of Medicine, and donations from users like you.
Always watch for outdated information. This article first appeared in 2002. 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, 2002. 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. .