Treatment Action Campaign Electronic Newsletter 7 March, 2001
(INCLUDING A JOINT PRESS RELEASE)

Dear subscribers

Many thanks to all our international supporters in Brazil, Philippines,
US, UK, Kenya, Thailand, France, Italy, Denmark, Australia, Germany and
elsewhere for the phenomenal support given to TAC over the last few
weeks. Thank you for your protests, marches, civil disobedience actions,
press releases, photographs, letters of support and organising.

Together, we have sent a clear message to the multinational
pharmaceutical industry and their supporters that we are organised,
informed and a force to be reckoned with.

Thank you also to all our local volunteers, staff members, researchers
and legal experts who helped get the court case and demonstrations off
to a fine start.

The TAC court affidavits are available on the TAC website archives page.

Regards,
Nathan Geffen

Website: www.tac.org.za
Mail: info@tac.org.za

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Contents

1. Joint Press Release by Cosatu, TAC, MSF, Oxfam and the Consumer
Project on Technology

2. Why TAC applied to join the court case as a friend of the court.

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PRESS RELEASE 6 MARCH 2001


ISSUED BY: COSATU, TAC, MSF, OXFAM AND CONSUMER PROJECT ON TECHNOLOGY


HIGH COURT ACCEPTS THE RIGHT OF PEOPLE WITH HIV TO BE HEARD
National and international organizations welcome the judge's decision.


PRETORIA, South Africa, 6 March 2001- National and international
organizations today welcomed the South African High Court's decision to
accept evidence from the Treatment Action Campaign (TAC), which
represents
people living with HIV.

Having been accepted as a 'Friend of the Court', TAC will give evidence
about how brand name medicines are unaffordable for millions of people
living with HIV in South Africa.

"For the first time, the pharmaceutical industry will have to justify to
South Africa and to the world why their drug prices are so high and why
their patents should be so aggressively protected, when millions of
people
are dying and cheaper drugs exist," said Zackie Achmat, chairperson of
the
Treatment Action Campaign.

This follows a week of worldwide demonstrations in support of the South
African government, and calling on companies to drop the case.
Thousands of
people from unions, churches, NGOs and people living with HIV/AIDS took
to
the streets in Pretoria, Cape Town, and Durban.  "We thank the efforts
of
our members whose voices have ensured that the courts have understood
the
importance of this matter," said Joyce Phekane, Deputy President of
COSATU.

International and national organizations however condemned the
pharmaceutical industry for first trying to block TAC's application, and
for
then requesting a further four months to reply to the application.

"The pharmaceutical companies have already delayed this case for three
years. Every day's delay means no affordable medicines and more people
dying," said Dr Eric Goemaere, Head of Mission for MSF's programs in
South
Africa.

The judge acknowledged that this case was of vital importance to people
in
South Africa and around the world and only granted industry three weeks
to
respond to TAC's application. The court case will resume from 18 to 26
April, 2001.

TAC, COSATU, Médecins Sans Frontières (MSF), Oxfam, and the Consumer
Project
on Technology underlined they would continue to support the South
African
government's position in this case.

For further information please call: TAC - Zackie Achmat: +27 83 467 11
52;
COSATU - Siphiwe Ngcina +27 82 821 7456; MSF - Toby Kasper +27 82 332
9713;
Oxfam - Matt Grainger +27 82 445 3005; Consumer Project on Technology -
Jamie Love +1 202 361 3040.

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WHY TAC IS SEEKING TO JOIN THE COURT CASE AGAINST THE PMA? (Issued on
Monday 5 March)

For more than two years, the Treatment Action Campaign (TAC) has asked
the drug companies to drop the case against the South African government
unconditionally. There are very simple reasons for this. The Medicines
Act is constitutional and does not violate any international agreement.
This case is about greed.

For the companies their right to profiteer is non-negotiable. For TAC,
the rights to life, dignity, access to health care services and the best
interest of children are non-negotiable. These are the grounds that we
place before the Court.

In addition, the outcome of this Court Case will affect millions of
people with HIV/AIDS in our country. Yet, there is no voice in the Court
of the people most directly affected by drug company greed. TAC has
placed a cogent case before the Pretoria High Court defending the rights
of people with HIV/AIDS and all people to affrodable and quality
medicines. TAC believes that the government has a duty to make medicines
affordable for all.

Below is a list of actions that TAC has undertaken to ensure that the
case against the government is withdrawn. These facts have been drawn to
the Court's attention.

THE HISTORY OF THE TAC'S ENGAGEMENT WITH THE ISSUES BEFORE THE COURT

Under its description of "logistical considerations" for declining
consent to the TAC's request for permission to act as amicus the PMA
attorney of record states that the TAC "should have come to the matter
at an earlier time. It could clearly have done so since it knew of it,
on its own version, for at least 25 months."

1.The TAC founding press statement on 9 December 1998 called for a fast
on Human Rights Day, 21 March 1999, to "pressure the government and the
pharmaceutical sector to seriously address the need for equitable and
affordable access to treatment and care for all people with HIV/AIDS".

2.On 21st March 1999, TAC members conducted a national "Fast to Save
Lives". The Cape Town
fast at St. George’s Cathedral attracted at least 200 people. They
were addressed by
Gender Commissioner Farid Esack and the ANC’s provincial health
secretary - Dr. Saadiq Kariem. In Soweto more than 500 people
representing trade unions, religious bodies, AIDS organisations, the
South African Communist Party, the National Coalition for Gay and
Lesbian Equality gathered outside Chris Hani Baragwanath Hospital where
they were addressed by Mark Heywood of the AIDS Law Project, Zackie
Achmat (NCGLE), Dr. Glenda Gray of Baragwanath Hospital, Bishop Paul
Verryn of the Methodist Church, Ms Florence Ngobeni (NAPWA) and Gauteng
Provincial Health Department’s Dr. Liz Floyd –Director of
HIV/AIDS, STDs and Infectious Diseases.

3.On 28 April 1999, TAC members demonstrated outside the premises of the
Seventh Applicant, Glaxo Wellcome, in Midrand, Gauteng. A letter to
Glaxo Wellcome was presented by Ms Sharon Ekambaram, TAC's co-ordinator
in Gauteng, and received by Mrs Vikki Ehrich, Director Corporate
Affairs, and Dr Peter Moore, Chief Medical Officer.

4.On 30th April 1999, TAC Chairperson Mr Zackie Achmat, Ms Phumi Mtetwa
and other TAC
representatives met with the then Minister of Health, Dr Nkosazana Zuma.
Minister Zuma called on TAC to actively support measures taken by the
government to lower the price of essential medicines.

5.On 5th July 1999, the TAC held a protest outside the Consulate of the
United States of America in Johannesburg. The picket was led by TAC
Executive member Mr Mazibuko Jara and called for an  end to US
government interference with SA law making and specifically questioned
US government support for the litigation of the Applicants against the
Amendment Act. A Memorandum was handed over to a US official, Mr Fred
Kaplan.

6.On 26th July 1999, TAC representatives, led by Mr Randall Howard, the
General Secretary of the Transport and General Workers Union, met with
representatives of the US Government to receive a response to the TAC
Memorandum.

7.On 13th September 1999, TAC issued a press release in response to the
announcement by the Pharmaceutical Manufacturers' Association (PMA), the
First Applicant in this matter, that it had "suspended" its legal
action. The press release described the suspension as a "public
relations exercise" and demanded the "unconditional withdrawal of the
legal action by the PMA."

8.On 22 September 1999, TAC held a demonstration outside the offices of
the First Applicant, (PMA) calling for the unconditional withdrawal of
the court action to provide the basis for a negotiated settlement. The
TAC delegation was led by Zackie Achmat and a Memorandum was handed over
to Ms. Maureen Kirkman, Head of Scientific and Regulatory Affairs at the
PMA. In Cape Town, the TAC demonstrated at the offices of the Seventh
Applicant, Mr. Ben Plumley and Ms. Vicki Ehrich received a memorandum
from the TAC. Dr. Hermann Reuter of the TAC was present as was Professor
Greg Hussey of Red Cross Children’s Hospital.

9.On 30th September 1999, TAC Executive members including, Zackie
Achmat, Mark Heywood and
Phumi Mtetwa held a meeting with the Minister of Health, Dr Manto
Tshabalala-Msimang, and the Director General of Health, Dr Ayanda
Ntsaluba, where the need for a rapid resolution of the court case was
discussed.

10.On 30th November 1999, TAC Executive members Zackie Achmat, Mark
Heywood and Sharon
Ekambaram met with the Chief Executive Officer of the First Applicant,
PMA, Mrs Miryeena Deeb, Mrs Maureen Kirkman of the PMA, and a
representative from Abbott Laboratories. The TAC again requested the
withdrawal of the Court action and discussed the contested section 15C.
Mrs Deeb offered to revert to the TAC before January 15th 2000 with what
the PMA considered to be a suitable re-wording of Section 15C of the
Medicines Act. At the same time a prayer vigil was held outside the PMA
offices to commemorate those who had died of AIDS related illnesses in
1999.

11.On 1st December 1999, Mrs Vicki Ehrich of the Seventh Applicant,
Glaxo Wellcome, accepted a petition from TAC members in Khayelitsha
calling for a lowering of the price of their patented medicine AZT
(Zidovudine). Dr. Hermann Reuter, TAC Western Cape Executive member, was
present.

12.On 13th March 2000, a group of twenty TAC representatives, led by Mr
Mark Heywood, met with Mr Barry Smith, the Chief Executive Officer of
the pharmaceutical company Pfizer (SA). The purpose of the meeting was
to request a price reduction of Pfizer’s patented medicine
Diflucan (Fluconazole) or alternatively for Pfizer to issue TAC or the
South African Government with a voluntary licence for the use of this
medicine

13.On 3rd April 2000, TAC members led by Mr Mark Heywood demonstrated
outside Pfizer offices in Johannesburg. Simultaneously TAC members led
by Midi Achmat and Deena Bosch demonstrated outside the offices of
Warner Lambert (formerly the Twenty-fifth Applicant) in Cape Town. My
legal representative has advised me that Warner-Lambert has since
withdrawn from this matter.

14.On 6th April 2000, TAC executive members Zackie Achmat, Mark Heywood
and Theodora Steele met with Minister of Health, Dr Manto
Tshabalala-Msimang, to discuss the affordability of essential medicines.

15.On 9th & 10th May 2000, TAC members, led by Siphokazi Mthati and
including Christopher Moraka, (a TAC member who died of AIDS related
illnesses on 27th July 2000) made presentations to a public hearing of
the Parliamentary Health Portfolio Committee. TAC members called for
measures to be taken to gain access to medicines and for the resolution
of the court case. The First Applicant was represented by Mrs. Deeb and
the Seventh Applicant was represented by Mrs. Ehrich.

16.On June 20th 2000, a mediation between the TAC and First Applicant
and its members was due to take place in Johannesburg, facilitated by
Justice Edwin Cameron and Dr John Matjila. The resolution of the court
case was one of the matters that had been tabled for discussion. After
initially formally agreeing to take part in the mediation, the PMA's
representatives unilaterally withdrew from this meeting, without
explanation, on June 18th.

17.On June 26th 2000, a demonstration was held outside the Pfizer
(Pfizer is a member of the PMA) plant in Pietermaritzburg led by TAC
member Mr Zamokhule Zwane. The purpose of the demonstration was to
highlight issues of access to essential medicines.

18.On July 9th 2000, the TAC organized a Global March for Access to
HIV/AIDS treatments. Over 6000 people participated. A Memorandum was
addressed to the South African government and the International
Federation of Pharmaceutical Manufacturers Association (IFPMA). This
Memorandum called for an end to the litigation. It was handed over by
the Vice-President of COSATU, Ms Joyce Phekane, to the Minister of
Health, Dr Manto Tshabalala-Msimang, the Executive Director of the Joint
United Nations Programme on AIDS (UNAIDS), Dr Peter Piot, and the
President-elect of the International AIDS Society (IAS), Dr Stephano
Vella.

19.On 14th October 2000, after all entreaties to lower the price of
fluconazole had failed ; people were continuing to die because of lack
of access to fluconazole and not a single tablet of the Pfizer
"donation" promised in March 2000 had reached the public sector
hospitals, TAC chairperson, Zackie Achmat brought a safe, effective and
good quality generic into the country to defy the patent abuse by
Pfizer. In November the Medicines Control Council (MCC) granted Brooklyn
Medical Centre in Cape Town a conditional exemption for use of the
unregistered medicine, under Section 21 of the Medicines and related
Substances Control Act 101 of 1965. Both TAC and the MCC agreed that
section 21 exemptions do not offer a lasting solution to this crisis of
availability of affordable medicines.

20.On 28th October 2000, TAC Deputy Chairperson, Mr Mark Heywood, made a
presentation to the Human Rights, Law and Ethics Committee of the South
African Medical Association (SAMA) on the subject of the affordability
of essential HIV/AIDS medicines in South Africa. Members of the First
Applicant and the Thirteenth and Fourteenth Applicant were present.

21.On November 16th 2000, TAC Deputy Chairperson, Mark Heywood, met with
Ms Kathleen Laya,
Public Policy Manager, Vicki Ehrich, Director, Corporate Affairs and
Simon Sargent, Head of Government and Industry Affairs – all
senior representatives of Glaxo Wellcome in London and discussed the
need to resolve the court case. The meeting was also attended by a
Labour Party Member of Parliament, MP Barbara Follett. According to Mr
Heywood, although the litigation was discussed the representatives of
Glaxo Wellcome did not indicate that the First Applicant had by then
caused the matter to be set down for hearing.

22.On 1st December 2000, Mr Mark Heywood joined Mrs Miryeena Deeb of the
First Applicant as presenters at a seminar hosted by the South African
Human Rights Commission. The purpose of the seminar was to discuss the
question of human rights versus property rights, and the pending
litigation was extensively discussed. According to Mr. Heywood, Mrs Deeb
did not indicate that the PMA had by then caused the matter to be set
down for hearing.

23.On 1st December 2000, TAC members held a demonstration outside the
offices of the PMA led by the General Secretary of COSATU, Mr Zwelinzima
Vavi. A Memorandum calling for the withdrawal of the legal action was
handed to Mrs Kirkman. Once again, the First Applicant failed to inform
the TAC that the matter had been set down for a hearing.

24.On 13th January 2001, TAC members led by Executive member Nathan
Geffen and TAC
Chairperson Mr Zackie Achmat, gathered at Cape Town International
Airport to welcome home Mr Morne Visser, a local actor, who was
returning from holidaying in Thailand, bringing with him a batch of the
generic medicine fluconazole for prescription to patients registered
with the Brooklyn Medical Centre.

25.On 12 February 2001, more than 1500 people joined an inter-faith
service and a march on
Parliament to condemn drug company profiteering and to ask the
government to produce generic anti-retrovirals.

26.The TAC has consistently highlighted patent abuse, profiteering and
the unnecessary loss of lives due to HIV/AIDS in South Africa, poor
countries and communities across the globe. For instance, TAC regularly
condemned the pressure of the Fourth Applicant – Bristol-Myers
Squibb for its unlawful pressure on Thailand for the manufacture of
drugs – stavudine (D4T) and didanosine (DDI) that are not patented
there and which the Fourth Applicant had not discovered.

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