Important note: Information in this article was accurate in 2005. The state of the art may have changed since the publication date.
South African Press Association - May 13, 2005
Author Charlene Smith is also not to blame for the naming of the women against their wishes, Judge Ivor Schartzman found in a 58-page verdict.
The judgement was made in virtual secrecy, with no mention of it on the court roll and not even the registrar of the civil court being aware a decision had been made, after judgement was reserved during a previous hearing.
Schwartzman ruled that the fault lay with the publishing company, New Africa Books, and ordered it to pay the women R15 000 each.
The three women -- whom the court ordered be identified only as NM, SM and LH -- were each suing De Lille, Smith and New Africa for R200 000 and demanding that their names be removed from the book.
In his judgement, Schwartzman held that neither De Lille and Smith, nor New Africa, were liable for the publication of the women's names prior to an urgent application they brought to remove the book from the shelves a month after it was published.
An independent report on an inquiry into the clinical drugs trial in which the women participated, and from which their names were obtained for the book, was a public document with no letter indicating the information it contained was privileged, he found.
However, the publisher became liable when the women's objection to being named came to light at the time of the urgent application, as it was the only party in a position to withdraw the book.
A relieved De Lille, leader of the Independent Democrats, said afterwards it had never been her intention to harm anybody.
She at no time believed she had done anything wrong, she added, saying she respects the country's judicial system and its independence.
'This trial has been a distraction to all those who campaign for more investment in HIV/Aids awareness and in ensuring those who suffer have adequate treatment.
'These ladies [NM, SM and LH] are suffering and my heart goes out to them ... They are the ones we should care for ... I can only say that it was not my intention to create distress and if I did, I am truly sorry.'
De Lille committed herself to increasing her efforts to ensure the pandemic receives more attention globally and that change is brought about.
Also pleased at the judgement, Smith said it emphasises the need for anyone who reports on people with HIV/Aids -- journalists, scholars and people in authority alike -- to obtain written consent before naming them in their reports. New legislation is necessary to ensure people who participate in clinical trials, such as that in which the three women were involved, are treated not as guinea pigs, but as human beings, she said.
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