Aids drugs for all - judge

2001-11-26 18:32

Pretoria - A High Court judge on Monday said it seemed to him that the programme of providing Nevirapine to HIV-positive pregnant women "should be extended all over the country as soon as practically possible".

Judge Chris Botha made the remark during argument by counsel for the minister of health and eight health MECs, who opposed an application by the Treatment Action Campaign (TAC) to force them to make the anti-Aids drug available to all pregnant women with HIV.

The TAC settled its dispute with the Western Cape which, in marked contrast to the other provinces, had a substantial and expanding programme to make Nevirapine available throughout the province.

Botha remarked that, when reading through the court papers, he was overwhelmed by the problems faced by the department if they should want to make Nevirapine generally available.

But, when reading the affidavit by the Western Cape, "it was like entering the promised land".

"What they did is what actually should have been done," he added.

Better start in life

The judge told Marumo Moerane, SC, who is appearing for the health minister and the MECs, that deadlines, time scales and targets were of the utmost importance to him.

Referring to the importance of timeously approaching the relevant authorities for adequate budgets, he said: "You can sit at your sites for two years and have wonderful results, but in the end you may not have the funds available."

Botha was referring to test sites set up at chosen hospitals to determine the efficacy of providing the anti-retroviral to HIV-positive mothers. The state has reservations regarding the toxicity of the drug.

Moerane argued that the Western Cape "had a better start in life because they were saved from problems caused by Bantustans and apartheid".

"It's easy when you're more well off and have less of a problem," he said.

He argued that it was "a sad fact, but a fact of life that scarce resources have to be distributed in a reasonable manner.

"What the health authorities are doing is reasonable and in line with the international approach.

"When you're dealing with a new and potent drug like Nevirapine, you have to adopt a cautious approach. We do not know what the long-term effects are. The only sensible way to deal with the issue is the present system."

He continued: "The courts are not equipped to deal with the questions of budgetary constraints, resistance, safety and logistical and infrastructure problems."

To this, the judge said that the court was not asked to deal with those problems, but to order the health ministry and its departments to submit a programme within three months.

He said it was not clear what the present government programme was.

The application continues.

- SAPA