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) - July 4, 2002
Chief Justice Arthur Chaskalson recalled the court while it was in recess during April to hear the government's request.
The Constitutional Court will rule whether the government should be granted leave to appeal a Pretoria High Court execution order compelling it to provide nevirapine to HIV-pregnant women in state hospitals with the capacity to do so.
Pretoria High Court Judge Chris Botha in December last year made a ruling which included an order that the Minister of Health and all provincial MECs, except the Western Cape's, extend their anti-retroviral nevirapine programmes beyond the existing 18 pilot sites.
On March 11, Botha allowed the government to apply to the Constitutional Court for leave to appeal against that order.
The judge also granted an execution order, which meant that the government should go ahead with the nevirapine roll-out pending the outcome of the Constitutional Court appeal bid.
The minister and MECs subsequently asked Botha to also allow them to apply to the Constitutional Court for leave to appeal against the execution order. Botha refused this and granted a counter-application by the Treatment Action Campaign and two co-applicants that the order should be executed.
However, the Minister and MECs lodged an application with the Constitutional Court against both the latter order and the one of March 11.
The Constitutional Court on Friday will decide whether the latter order could be appealed against, and if so, whether leave to appeal should be granted.
If such leave was granted, the court would also decide whether the order on TAC's counter-application should be set aside.
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