South African Press Association (Johannesburg) - April 2, 2002

The Constitutional Court is in recess from April 1 to April 30, but Chief Justice Arthur Chaskalson has recalled the court to deal with government's request that it should be granted leave to appeal last week's execution order by the Pretoria High Court.

The Pretoria High Court ruled for a second time that the government must provide nevirapine while it awaits the outcome of its Constitutional Court appeal -- set down for May 2 and 3 -- against last year's court order widening access to the anti-Aids drug to hospitals with the capacity to administer it.

The drug reduces mother-to-child transmission of HIV.

Last week's ruling against the government prompted Health Minister Dr Manto Tshabalala-Msimang's controversial remarks which was interpreted as a refusal to abide by the execution order.

After controversial comments of his own, Justice Minister Penuell Maduna later said Tshabalala-Msimang's statement had been misinterpreted and that the government would abide by the court ruling.

The African National Congress and the Cabinet believe that order compelling the government to provide nevirapine pending the May 2 appeal defies logic. Meanwhile, the United Democratic Movement has criticised senior ANC MP Peter Mokaba for reportedly telling the New York Times that HIV does not exist.

The ANC had become the personal fiefdom of a cabal with strange, irrational and genocidal ideas on AIDS, UDM leader Bantu Holomisa said on Tuesday.

"The ANC and government should not complain about lack of investment in SA, when senior officials of the ANC create the impression that an investment here would be a waste since the SA workforce and population will be decimated due to their wilful neglect of the HIV/AIDS pandemic."

In an interview published on March 31, Mokaba told the New York Times: "HIV? It doesn't exist. The kind of stories that they tell that people are dying in droves? It's not true. It's not borne out by any facts.

"Where the science has not proved anything, we cannot allow our people to be guinea pigs. Anti-retrovirals, they're quite dangerous. They're poison actually.

"We cannot allow our people to take something so dangerous that it will actually exterminate them. However well meaning, the hazards of misplaced compassion could lead to genocide." ANC spokesman Smuts Ngonyama told the newspaper Mokaba was speaking for himself and not the ANC, although many members shared his concerns about the safety of AIDS drugs.

Ngonyama said he could not stop Mokaba from promoting his ideas, even though some people believe he is damaging the party's reputation.

"How can you have a situation where you must ban ideas?" We are coming from a situation in this country where organisations were banned, newspapers were banned, people were banned. Are we returning to that stage now?," Ngonyama reportedly asked.

The newspaper also quoted the ANC's health secretary Saadiq Kariem, who described Mokaba's statements as irresponsible.
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