The Constitutional Court rejected the appeal, finding that the restrictions of Nevirapine to pilot sites excluded those who could reasonably be included in the program. granted interim relief pending the appeal. The Government appealed the decision to the Constitutional Court. Judge Chris Botha of the High Court ruled in favour of TAC, ordering that Nevirapine be made available to infected mothers giving birth in state institutions and that the government present to the court an outline of how it planned to extend provision of the medication to its birthing facilities, country-wide.
The Treatment Action Campaign (TAC) launched a constitutional challenge, alleging a violation of the right to access health care services and demanding a program to make the drug available throughout the country.
Treatment action campaign zacc for free#
The drug was offered to the Government for free for five years, but the South African Government announced it would introduce Mother-To-Child-Transmission (MTCT) only in certain pilot sites and would delay setting these up for a year, thereby denying most mothers access to treatment. In 2,000, with infections of newborns in the range of 80,000 per year, the anti-retroviral drug Nevirapine offered the potential of preventing the infection of 30 – 40,000 children per year. South Africa is in the midst of an HIV/AIDS epidemic with more than 6 million people infected.
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