This is an archive of the Treatment Action Campaign's public documents from December 1998 until October 2008. I created this website because the TAC's website appears unmaintained and people were concerned that it
was becoming increasingly hard to find important documents.

The menu items have been slightly edited and a new stylesheet applied to the site. But none of the documents have been edited, not even for minor errors. The text appears on this site as obtained from the Internet Archive.

The period covered by the archive encompassed the campaign for HIV medicines, the civil disobedience campaigns, the Competition Commission complaints, the 2008 xenophobic violence and the PMTCT, Khayelitsha health workers and Matthias Rath court cases.

MTCTP Court Case

All materials on this page that have been written and produced by TAC may be reproduced and distributed at no charge and without TAC's permission, so long as the original writers are acknowledged. If you choose to modify the original documents, it must be clearly indicated what your additions are and the original authors must still be acknowledged. Please note, however, that some documents have not been produced by TAC and this notice does not apply to them.

Mother-to-Child Transmission Prevention Court Case

Current developments preventing mother-to-child HIV transmission in South Africa: background, strategies and outcomes of the Treatment Action Campaign case against the Minister of Health: Article by Mark Heywood (pdf) published in the South African Journal of Human Rights (2003, 19).

Constitutional Court Judgment Compelling Government to Provide Mother-to-Child Transmission Prevention - Delivered 5 July 2002

Contempt of Court Papers

TAC files contempt of court application against Mpumalanga MEC for Health and Minister of Health.
Notice of Motion (Word Document)   Founding Affidavit (Word Document)

Discussion by TAC's lawyer, Geoff Budlender of the Legal Resources Centre, about the implications of the mother-to-child transmission prevention court case.
(Word Document)

Litigating HIV/AIDS: TAC and the MTCTP Case.
A presentation at the Barcelona AIDS Conference by Mark Heywood (Powerpoint)

Affidavit by Nurse Stella Dubazana, of Cotlands Hospice.
(Word Document) (Text Document)
(Not included in the final court papers for the Constitutional Court because it was considered new evidence, but it is worth reading).

TAC's Order for Immediate Execution of Judgement

TAC's Heads of Argument on Appeal
(Word Document) (Text Document)

Judge grants TAC interim relief. State must provide nevirapine to doctors in public sector who prescribe it after voluntary counseling and testing has been offered. This is an interim measure while the case goes to the Constitutional Court.
(Rich Text Document) (Text Document)

Notice of application for leave to execute MTCT court case judgement. (Word Document) (Text Document)

Tac's Execution Affidavit by Siphokazi Mthathi (Word Document) (Text Document)

TAC's Reply to the Department of Health's Response

Heads of Argument Word Perfect file (296 KB)   RTF file (360 KB) Text file (140 KB)

TAC's Replying Affidavit by Siphokazi Mthathi (Text)

The state has refused our request to provide us with electronic copies of their papers. We have typed up two of them and here they are:

TAC's Founding Affidavit and Notice of Motion 

Notice of Motion (ASCII Text)
TAC founding affidavit filed on 21 August 2001 at Pretoria High Court (RTF)   (ASCII Text)

Including Supporting Affidavits: