In a letter of demands sent to Tshabalala-Msimang on March 10, the TAC gave her seven days to authorise the immediate procurement of antiretroviral drugs.
TAC spokesperson Mark Heywood said: "We will request the court to order the minister to make use of regulations that clearly allow government to purchase an urgent interim supply of antiretrovirals pending the finalisation of the tender process".
He said it would take months for the Health Department to finalise the tendering process.
Meanwhile, HIV patients needed medication urgently.
He said initially the TAC gave the minister seven days to respond but she requested an extension, saying she would be out of the country.
"We give her until today at 1pm to respond to our demands.
"If she does not respond by then, we are going to file court papers tomorrow".
The minister's spokesperson, Sibani Mngadi, said Tshabalala-Msimang would respond by today as she had promised.
Heywood said the TAC had had discussions with the African National Congress and senior health department officials over providing medication.
"Following this discussions I hope the matter will not go to court," he said.
Cabinet instructed Tshabalala-Msimang in August to formulate a comprehensive HIV/Aids treatment plan, which included the provision of antiretrovirals.
She appointed a task team headed by Dr Anthony MBewu of the Medical Research Council, to draw up such a plan. This was done with the help of staff of the William Jefferson Clinton Foundation of the US. – Sapa.
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