STATEMENT BY GOVERNMENT ON THE CONSTITUTIONAL COURT JUDGEMENT REGARDING PMTCT

Issued by: Government Communication Information System (GCIS)

5 July 2002

Government welcomes the fact that the protracted court case on the provision of Nevirapine to prevent mother-to-child transmission (PMTCT) of HIV has come to a conclusion. We accept the ruling of the court on this matter.

On April 17, government articulated its policy on the campaign against HIV/AIDS, including the approach to PMTCT which entails the following:

• government will continue with research on using Nevirapine against mother-to-child transmission of HIV in the 18 sites, covering more than 200 health facilities;
• government will implement the temporary ruling of the Constitutional Court on provision of Nevirapine beyond the designated sites, on the basis of a determination by relevant health authorities regarding the existence of appropriate capacity; and
• in the meantime the Department of Health will work on a Universal Roll-out Plan in preparation for the post-December 2002 period when tests will be done on a group of mothers and babies who have gone through 18 months of treatment and observation.

The ruling by the Constitutional Court today confirms this approach, particularly on the provision of Nevirapine beyond the research sites. More critically, the judgement has set aside the most restrictive aspects of the Pretoria High Court order. In particular, the Constitutional Court judgement starts to address the role the courts can play in detailed matters of policy, by acknowledging that, beyond the minimum requirements it has set out on PMTCT, there could in time be other and better approaches to deal with this challenge.

We welcome the observation of the Court, firstly, that the articulation of government's position on this matter is much different from the period when the High Court order was made; and secondly that there is no reason for the Constitutional Court to doubt the integrity of government with regard to the implementation of court decisions.

The judgement calls for "reasonable" provisions for counslling and HIV testing. Indeed, quality counselling and testing are part of the issues that the Health Department is already prioritising, in line with our commitment to the provision of affordable health care to all South Africans, and free health care to pregnant mothers in particular.

The Constitutional Court judgement helps to reaffirm the spirit of unity and hope that should characterise the approach of all South Africans in the fight against HIV/AIDS. As Cabinet said on 17 April, the time has come for all of us to work together to manage, reduce and, in the long run, defeat this epidemic.

Let us join hands in a partnership of hope, because indeed, there is hope if we work together to implement the nation's comprehensive and multifaceted strategy.

Dr Manto Tshabalala-Msimang
Minister of Health