Govt on access to HIV/AIDS drugs - the ball is in everyone else's court iClinic
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Govt on access to HIV/AIDS drugs - the ball is in everyone else's court

iClinic - July 11, 2000
Marjolein Harvey


Government again placed HIV/AIDS firmly within the context of the general, poverty-related African disease burden on Tuesday, reiterating its stance on access to drugs that government has done its duty and "the ball is in [the pharmaceuticals'] court".

Health department Director-General Ayanda Ntsaluba said at the AIDS2000 conference on Tuesday that the position of government on access to HIV/AIDS drugs is that pharmaceuticals must confront the reality that few in Africa are able to afford antiretrovirals, saying "the ball is in their court".

He went on to challenge the governments of the developed world to help SA build the health infrastructures necessary to make drugs available. He gave assurance that the government will respect international trade agreements in its endeavour to access the cheapest drugs via parallel importing, compulsory licensing and local manufacturing.

In 1997 government enacted an amendment to the Medicines Act which would enable parallel importing and greater use of generics, but Ntsaluba says western-based pharmaceuticals have been the main barrier to implementation of these measures.

"This piece of legislation could not be implemented to date because of a court interdict initiated by the Pharmaceutical Manufacturers Association," he said, adding that the court case has not been dropped by the PMA in the face of the HIV/AIDS emergency, and will proceed later this year.

Until then, government will not be implementing these legal measures that enable access to cheaper drugs, despite the fact that the patents act in SA allows it to do so and that these measures have the support of a wide variety of national and international governments and civil society organisations.

"The relevant provisions in the Patents Act have never been used in SA," he said.

In terms of the prevention of mother-to-child transmission of HIV, government has moved its arguments against the immediate provision of short-course AZT/nevirapine between not being able to afford it - despite the low cost of nevirapine and the much higher cost of hospitalisation and treatment of infected babies and children - and toxicity - despite the fact that these drugs are on the essential medicines list of the World Health Organisation.

With the expected announcement later on Tuesday that nevirapine is both effective and affordable in MTCT in the SA context, government is expected to follow with a statement about its policy soon.

But Ntsaluba said that this will be preceded by extensive meetings with local scientists and the WHO first, to fully establish the validity of these findings.
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