Important note: Information in this article was accurate in 2004. The state of the art may have changed since the publication date.
South African Press Association - March 16 2004
The letter, sent on March 10, gave her seven days to authorise the immediate procurement of antiretroviral drugs.
"Minister Manto Tshabalala-Msimang is failing to make use of regulations that clearly allow government to purchase an urgent interim supply of anti-retrovirals pending the finalisation of the tender process," said a TAC statement on Tuesday.
The TAC's national executive committee (NEC) has passed a resolution authorising legal action compelling Tshabalala-Msimang to authorise procurement of this interim supply.
'Only the minister can avoid court action' The TAC accused the health minister of preventing provincial governments from accessing funds expressly allocated for the purchase of antiretrovirals until the formal tender process was completed.
The TAC NEC had evaluated progress made on the government's treatment plan, but decried the delay in starting the antiretroviral treatment programme.
"We recognise and acknowledge the work that has been done at hospitals and clinics to prepare to treat people. We recognise the work of the national department of health in finalising protocols, training and education.
"But the delay in starting the programme and providing sick people with medicines is unacceptable and unnecessary.
The TAC secretariat sent a letter of demand to Tshabalala-Msimang on March 10, giving her seven days to respond.
If the TAC does not hear from her legal papers will be served.
Although litigation was not its favoured course of action, the TAC said: "Only the minister can avoid court action".
"By close of business on Wednesday, March 17, 2004, she must commit, in writing, to meeting the Constitutional rights to life, dignity and access to health-care services by authorising the urgent purchase of anti-retroviral medicines and distributing them to clinics and hospitals accredited under the plan and ready to proceed."
The TAC welcomed the announcement by the Gauteng Health MEC Gwen Ramokgopa that antiretroviral treatment would begin for Aids sufferers at five hospitals from April 1.
"However, the announcement in Gauteng highlights again the need for urgency at a national level and in all other provinces.
"Six hundred people in South Africa die of Aids-related illnesses every day.
"Anti-retroviral treatment can help people with HIV/Aids live longer, healthier lives."
The cabinet adopted a comprehensive HIV/Aids treatment plan last November.
One of its targets was to roll-out anti-retroviral therapy to 53 000 people nationwide by March 31. Another was to make treatment available in at least one site in every district within 12 months, and at least one site in every local municipality within five years.
"Yet to date there are less than 2 500 people on the programme countrywide - and nearly all of them are in the Western Cape.
"The national department of health has admitted that it will miss its target for the end of March."
The TAC blamed Tshabalala-Msimang for this.
"The TAC believes the primary reason for the failure to meet this target is the minister of health's lack of political will.
"Her justification for delaying treatment is that the tender process for anti-retroviral medicines is not complete and therefore these medicines will only be available in the public health system by the end of June."
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