Rath gets clean bill of health

2006-03-08 20:39

Cape Town - The health ministry does not believe the activities of vitamin salesman Matthias Rath in South Africa are unlawful, according to papers lodged at the Cape High Court.

"I have neither received nor seen any evidence, which can be relied on in a court of law, which shows that any of the first to seven respondents are, or have been, unlawfully conducting clinical trials for humans in South Africa," said health department director-general Thami Mseleku.

The papers were filed on Friday in response to Treatment Action Campaign claims in a court application.

The TAC claims the government, in particular Health Minister Manto Tshabalala-Msimang, failed to take steps to stop Rath's activities and did not perform their constitutional duties and obligations.

The TAC was supported in its application by the South African Medical Association (Sama).

Rath was barred last week by the Cape High Court from issuing defamatory statements about the TAC.

Withdrew defamation action

He has been accused of conducting unauthorised medical experiments in townships such as Khayelitsha, Cape Town.

Rath recently withdrew a defamation action against Health E-news which published an exposé on his work, alleging that several people had died after swapping antiretrovirals (ARVs) for his vitamins.

Rath believes ARVs are toxic, and prescribes vitamins and micronutrients in their stead to combat HIV/Aids.

In the papers filed on the minister's behalf, Mseleku said the department's law-enforcement unit had been asked to look at the allegations against Rath.

"The head of that unit, Mr André du Toit, has informed us that he was unable to find any independent sustainable evidence of unlawful activities on the party of any of the first to seven respondents," said Mseleku.

The first seven respondents include Rath, his health foundation, Dr David Rasnick, who serves on President Thabo Mbeki's controversial Aids panel, Rath adviser Anthony Brink and Medunsa academic Sam Mhlongo.

Up to police to take steps

Mseleku said the unit would continue to monitor the activities of the Dr Rath Health Foundation in a search for "independent evidence of unlawful conduct".

Neither he nor the minister had failed to act against the first to seventh respondents.

"I am not aware that they are acting unlawfully.

If they are acting unlawfully, it is for the (SA Police Service) and the appropriate prosecuting authority to take the necessary steps against them."

Mseleku said that while he was aware the TAC had submitted documents to the Medicines Control Council (MCC) claiming some activities were unlawful, the departmental investigation found nothing unlawful.

Mseleku said that since the MCC had not yet resolved whether any of the products in question were medicines subject to registration, there was nothing "objectionable" to their distribution, bearing in mind that the department also viewed them as food supplements.

"... There also appears to be no sound legal basis for seizing the products in question," he said.

Mseleku said allegations that the minister's conduct encouraged unlawful conduct was not only false, but malicious.

"The minister has always made known her view on the role of nutrition in the treatment of HIV and Aids.

Won't address ARV issues

"The choice of treatment is a matter for the person qualified and competent to treat the patient and the patient himself or herself.

"While the minister might promote the government programme, it is clearly not for her to prescribe any particular treatment."

Mseleku said neither he nor the minister wanted to engage the applicants on issues of efficacy, safety, toxicity and any other related issues of ARVs, because this was not relevant to what the applicants were seeking in court.

- SAPA