IN THE HIGH COURT OF SOUTH AFRICA
(TRANSVAAL PROVINCIAL DIVISION)

In the matter between :

TREATMENT ACTION CAMPAIGN First Applicant
DR HAROON SALOOJEE Second Applicant
CHILDREN'S RIGHTS CENTRE Third Applicant

and

MINISTER OF HEALTH First Respondent
MEC FOR HEALTH, EASTERN CAPE Second Respondent
MEC FOR HEALTH, FREE STATE Third Respondent
MEC FOR HEALTH, GAUTENG Fourth Respondent
MEC FOR HEALTH, KWAZULU-NATAL Fifth Respondent
MEC FOR HEALTH, MPUMALANGA Sixth Respondent
MEC FOR HEALTH, NORTHERN CAPE Seventh Respondent
MEC FOR HEALTH, NORTHERN PROVINCE Eighth Respondent
MEC FOR HEALTH, NORTH-WEST Ninth Respondent
MEC FOR HEALTH, WESTERN CAPE Tenth Respondent


 NOTICE OF MOTION


KINDLY TAKE NOTICE that the Treatment Action Campaign, Dr Haroon Saloojee
and the Children's Rights Centre (the Applicants) intend to make application
to this Court for an order as follows:
1 It is declared that the Respondents are obliged to make Nevirapine
available to pregnant women with HIV who give birth in the public health
sector, and to their babies, where in the judgment of the attending medical
practitioner or health professional this is medically indicated.

2 The Respondents are ordered to make Nevirapine available to pregnant women
with HIV who give birth in the public health sector, and to their babies,
where in the judgment of the attending medical practitioner or health
professional this is medically indicated.

3 It is declared that the Respondents are under a duty forthwith to plan and
implement in a reasonable manner an effective national programme to prevent
or reduce the mother-to-child transmission of HIV, including the provision
of voluntary counselling and testing, and where appropriate, Nevirapine or
other appropriate medicine, and formula milk for feeding.

4 Each of the Respondents is ordered to deliver, within three months of the
date of this order, a report or reports which set out, under oath:

 4.1 what he or she has done to implement the order in paragraph 3.

 4.2 what further steps he or she will take to implement the order in
paragraph 3, and when he or she will take each such step.

5 The Applicants may within a month of delivery of such reports deliver
their replies, under oath, to the Respondents' reports.

6 The Respondents may within two weeks of delivery of such reports deliver
their answers to the replies of the Applicants.

7 The application is postponed to a date to be fixed by the Registrar for
the consideration and determination of the said reports, replies, and
answers.

8 Those Respondents who oppose this application are ordered to pay the
costs, including the cost of two counsel.

9 Further or other alternative relief and that the accompanying affidavits 
of SIPHOKAZI MTHATHI, HAROON SALOOJEE and CATHERINE JEAN VAWDA, and the 
attachments thereto, will be used in support of this application.

TAKE NOTICE FURTHER that the Applicants have appointed the address of their
attorney, given below, at which they will accept notice and service of all
process in these proceedings.

TAKE NOTICE FURTHER that if you intend opposing this application you are
required

(a) to notify the Applicants' attorney in writing on or before 12 September
2001;

(b) and within fifteen days after you have so given notice of your intention
to oppose the application, to file your answering affidavits, if any;

and further that you are required to appoint in such notification an address
referred to in rule 6(5)(b) at which you will accept notice and service of
all process in these proceedings.

If no such notice of intention to oppose be given, the application will be
made on 18 September 2001at 10h00.

Dated at Johannesburg on this day of August 2001.


       G M BUDLENDER
       Attorney for Applicants
       Legal Resources Centre
       JOHANNESBURG
       c/o Legal Resources Centre
       Centenary Building
       Bureau Lane
       PRETORIA

       Telephone (011) 836-9831
       Fax (011) 834-4273


TO MINISTER OF HEALTH
  First Respondent
  c/o State Attorney
  4th Floor, South Tower
  Fedsure Forum
  Cnr Pretorius and Van der Walt Streets
  PRETORIA

AND TO MEC FOR HEALTH, EASTERN CAPE
  Second Respondent
  c/o State Attorney
  4th Floor, South Tower
  Fedsure Forum
  Cnr Pretorius and Van der Walt Streets
  PRETORIA

AND TO MEC FOR HEALTH, FREE STATE
  Third Respondent
  c/o State Attorney
  4th Floor, South Tower
  Fedsure Forum
  Cnr Pretorius and Van der Walt Streets
  PRETORIA

AND TO MEC FOR HEALTH, GAUTENG
  Fourth Respondent
  c/o State Attorney
  4th Floor, South Tower
  Fedsure Forum
  Cnr Pretorius and Van der Walt Streets
  PRETORIA

AND TO MEC FOR HEALTH, KWAZULU-NATAL
  Fifth Respondent
  c/o State Attorney
  4th Floor, South Tower
  Fedsure Forum
  Cnr Pretorius and Van der Walt Streets
  PRETORIA

AND TO MEC FOR HEALTH, MPUMALANGA
  Sixth Respondent
  c/o State Attorney
  4th Floor, South Tower
  Fedsure Forum
  Cnr Pretorius and Van der Walt Streets
  PRETORIA

AND TO MEC FOR HEALTH, NORTHERN CAPE
  Seventh Respondent
  c/o State Attorney
  4th Floor, South Tower
  Fedsure Forum
  Cnr Pretorius and Van der Walt Streets
  PRETORIA

AND TO MEC FOR HEALTH, NORTHERN PROVINCE
  Eighth Respondent
  c/o State Attorney
  4th Floor, South Tower
  Fedsure Forum
  Cnr Pretorius and Van der Walt Streets
  PRETORIA

AND TO MEC FOR HEALTH, NORTH-WEST
  Ninth Respondent
  c/o State Attorney
  4th Floor, South Tower
  Fedsure Forum
  Cnr Pretorius and Van der Walt Streets
  PRETORIA

AND TO MEC FOR HEALTH, WESTERN CAPE
  Tenth Respondent
  c/o State Attorney
  4th Floor, South Tower
  Fedsure Forum
  Cnr Pretorius and Van der Walt Streets
  PRETORIA

AND TO THE REGISTRAR
  PRETORIA