SOUTH AFRICA COURT SAYS GOVERNMENT MUST GIVE ANTI-AIDS DRUG

By John Mkhize

Reuters 4 April 2002

Johannesburg -- South Africa's highest court dealt a significant blow on Thursday to the government's controversial AIDS policy, with an interim ruling that it must supply a key anti-AIDS drug to HIV-infected pregnant mothers.

The Constitutional Court rejected a government appeal against a similar ruling last month by the Pretoria High Court, which ordered that the anti-retroviral drug Nevirapine be provided in all state hospitals -- albeit temporarily.

"The application for leave to appeal is dismissed," the court said in the latest twist of a bitter legal battle between the government and anti-AIDS activists.

South Africa has more people living with HIV/AIDS than any other country in the world, according to the United Nations. But, citing cost and safety grounds, the government has so far limited the use of Nevirapine, which is known to cut the risk of HIV/AIDS mother-to-child transmission, to pilot projects.

Campaigners fighting the spread of the virus said widening access to Nevirapine could save 10 babies a day.

Thursday's ruling only forces the government to provide the drug until May 2-3, when its main appeal to the Constitutional Court will be heard. That hearing will decide if the government has a constitutional duty to give Nevirapine to HIV-infected pregnant women.

President Thabo Mbeki has drawn widespread criticism at home and abroad for questioning the link between HIV and AIDS and refusing to allow wide access to anti-retroviral drugs, saying they are costly and toxic.