Important note: Information in this article was accurate in 2002. The state of the art may have changed since the publication date.
Sunday Times (Johannesburg) - Friday 5 Jul 2002
Chief Justice Arthur Chaskalson delivered the judgment saying there was a pressing need to ensure that the loss of lives was prevented.
"The anxiety of the applicants (the Treatment Action Campaign) is understandable because one is dealing here with a deadly disease," he said.
Chaskalson said the order the Constitutional Court had made would require the government to revise its policy.
A comprehensive and co-ordinated programme was necessary to help pregnant women combat HIV and counselling and testing facilities should be put in place at hospitals and clinics.
He said doctors should be permitted to prescribe nevirapine in consultation with the hospital superintendent.
The government has been ordered to pay costs in the case.
Geoff Budlender, a lawyer representing the Treatment Action Campaign, said the court's decision would save lives.
Speaking moments after South Africa's 11 top judges ruled against the government, Budlender said he had always thought their case was "fairly strong".
"This is a judgment that saves lives... it is also a victory for pregnant women with HIV and it's a victory for the constitution. It shows that our social and economic rights are real and powerful. I am very happy, I hoped for this."
Special adviser to Health Minister Manto Tshabalala-Msimang, Patricia Lambert, said the judgment was "workable".
"The Minister will study the judgment during the day and will issue a more detailed statement."
Asked whether she was disappointed, Lambert replied: "I do not think that's a word that I would apply, there have been tremendous changes in government in dealing with HIV and Aids".
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