Important note: Information in this article was accurate in 2009. The state of the art may have changed since the publication date.
South African Press Association - March 13, 2009
"We respect the decision of the court today. However, we obviously feel disappointed with the outcome," he said in a statement.
On Friday morning the North Gauteng High Court dismissed the application with costs.
"We are currently weighing legal options available to us," he said.
In January, Judge Brian Southwood ruled that a six-page document, by former Inspecting Judge of Prisons Nathan Erasmus, be released to the Treatment Action Campaign (TAC).
He also authorised the inspectorate to do the same and it complied.
The document contained the inspectorate's probe into the death of the prisoner, known only as MM, at Durban's Medium B correctional centre in 2006. However, Balfour sought to challenge the ruling.
Speaking outside court, executive member of the TAC Mark Heywood said the application was a waste of taxpayers' money as the report had already been made public.
"By appealing he was adding to the expense and further defeating the process of the Access to Information Act," he said.
Heywood said it appeared that Balfour was trying to save face as the January ruling indicated that he had lied and put his credibility into disrepute.
"We believe that this particular prisoner died of negligence," said Heywood.
While satisfied with the outcome of Friday's application, Heywood said the TAC felt the actual report should have "gone further".
"We are very disappointed with the report itself. We feel that Judge Erasmus did not use fully the powers that were available to him to fully investigate the case.
"In certain respects he fudged what should have been clear," he said.
MM died after antiretrovirals (ARV) were allegedly administered too late.
In the report, Erasmus said MM would have at least qualified for ARV treatment in terms of his medical condition in 2003.
However, for various reasons it was only in early July 2006 that he was put on the drugs.
By then it was apparent that his condition was irreversible, and he was hospitalised.
"The Department of Correctional Services had then put into motion an application for medical release," Erasmus said.
"This was recommended and forwarded to the office of the minister of correctional services for finalisation. However, before a decision could be made, he [MM] passed on."
Erasmus said awareness of and responses to the HIV/Aids pandemic should be heightened in the department.
He also said the legislative framework relating to medical releases should be revisited.
090313
SA090302
Copyright © 2009 - 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 2009. 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, 2009. 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. .