Countrywide Rallies for Human Rights 

Constitutional Court Hears case on Mother-to-Child Transmission Prevention

2 May 2002


Today, thousands of people participated in events in major cities around the country to affirm our human rights as guaranteed in the South African Constitution. The "STAND UP FOR YOUR RIGHTS" rallies, interfaith services and marches were in solidarity with the thousands of women and children whose rights are the subject of the Constitutional Court hearing between the South African Minister of Health and others and the Treatment Action Campaign and others. 

In Johannesburg, about 6000 people marched past the Constitutional Court. Speakers at the event included Archbishop Njongonkulu Ndungane, Nehawu President Vusi Nhlapo, MP Patricia De Lille and TAC Chairperson Zackie Achmat. A memorandum (reproduced below) was handed over to Dr. Modise who accepted on behalf of the Gauteng Health Department.   In Cape Town, nearly a thousand people attended an interfaith service at St Georges Cathedral and then marched in the rain to Parliament. In East London, where TAC has just opened an office, hundreds of people gathered at North-End Stadium and then marched through the streets to City Hall. In Durban, hundreds of people gathered for an interfaith service at the University of Durban Westville.

Below is the memorandum that was handed over at all events.

MEMORANDUM AT CONSTITUTIONAL COURT HEARING ON 2 MAY 2002

To: 

Deputy President The Honourable Jacob Zuma and Members of the Presidential Task Team on HIV/AIDS; 
Gauteng Premier Mbhazima Shilowa; 

Minister of Health: Dr. Manto Tshabalala-Msimang

We are marching today to affirm the human rights enshrined in the South African Constitution. Our Constitution guarantees all people in South Africa access to housing, health, clean water, food, basic education, social security and a protected and healthy environment. Our march affirms all of these rights, but today we are particularly concerned with the rights to life, dignity and access to health-care. The HIV/AIDS epidemic is causing immense suffering to all of us and by affirming these rights and ensuring their implementation we can mitigate its effects in a humane and just way. 

The Constitution is respected throughout the world. Its emphasis on dignity and socio-economic rights obliges Government, irrespective of which party is in power, to progressively meet the needs of poor people. When the courts are called upon to enforce these rights, and when this results in changes in Government policy, they are merely affirming the highest democratic principles and contributing to the fight against poverty.

We will respect the decision of the Constitutional Court and we call on Government to do the same.

Thousands of parents throughout South Africa have lost and are losing their infants to HIV/AIDS. Most of them are desperately poor and marginalised by a society in which the rights of women are frequently trampled upon. However, today's court case and recent events, including the commitment by Government to extend mother-to-child transmission prevention irrespective of today's ruling, give hope to many women and children who will use public antenatal clinics in the future. While the mother-to-child transmission prevention programme does not guarantee HIV prevention in every case, it will save thousands of lives and allow mothers to feel that they have been given the choice to do something to reduce the risk of transmission of HIV to their infants. 

Irrespective of the outcome of this case, we must move together beyond the conflict of the last two years. Only by Government working with civil society, can the challenges of the epidemic be met. We will not always agree with each other, but our disagreements must be constructive and not hamper efforts where there is consensus. 

In this regard it must be emphasized that the views of the HIV/AIDS denialists are an insult to millions of people living and dying with the virus, as well as their friends and families. Debating life and death questions that have been settled by science is not constructive and we are pleased that Government has disassociated itself from these demeaning and dangerous views. 
We truly welcome the Cabinet statement on HIV/AIDS of 17 April 2002. The decisions to implement post-exposure prophylaxis for rape survivors and to rollout mother-to-child transmission throughout the country, as well as the affirmations that antiretroviral therapy is effective when used appropriately and that Government will support scientific efforts, but not be a protagonist in scientific debates, are critical steps forward in the fight against HIV/AIDS. As they are implemented they will greatly help HIV prevention.

TAC and its allies rise to your call for partnership and can mobilise our volunteers and supporters to implement the Cabinet statement. This is an excellent opportunity for Government and civil society to collaborate; it must not be lost. We humbly request an urgent meeting with the Presidential Task Team to concretely plan the future.
It is just over one year since Government, TAC and civil society worked together to a just and memorable victory over the pharmaceutical industry. This was a clear demonstration of what can be achieved by unity. We call on government to support new efforts to bring down the prices of essential medicines. However, we are concerned that a year after the court case settlement, the Medicines and Related Substances Control Amendment Act of 1997 has not been promulgated. We call on the Minister of Health to rectify this urgently.

We call on Government, in particular the Department of Health, to develop and implement a national HIV/AIDS treatment and prevention plan. Such a plan needs to have a clear timetable and its framework must include better public education and condom and femidom distribution, more widely available voluntary counseling and testing, a countrywide rollout of mother-to-child transmission prevention and post-exposure prophylaxis,  better treatment of opportunistic infections, better management of sexually transmitted diseases, dignified palliative care and the phasing in of a highly active antiretroviral treatment programme. 
The TAC offers its full support to Government to assist with the development of this plan. We are ready, in the words of Cabinet, to join hands to combat the HIV/AIDS epidemic.


Yours in the struggle for dignity, health and an end to poverty.

Signatories (of memorandum handed over in JHB)

TAC Chairperson Zackie Achmat, Archbishop Njongonkulu Ndungane, General Secretary of the SACC Molefe Tsele, Cosatu President Willie Madisha, Dr Haroon Saloojee (Respondent in Court Case), Childrens' Rights Centre Director Cati Vawdi (Respondent in Court Case), AIDS Law Project Director Mark Heywood