9 DECEMBER 2002

TAC LODGES COMPLAINT WITH HUMAN RIGHTS COMMISSION and CALLS FOR
INVESTIGATION INTO CONTEMPT OF COURT BY MPUMALANGA MEC FOR HEALTH

On 2 December 2002 the Treatment Action Campaign lodged a complaint
with the Human Rights Commission (HRC). The complaint is against the
MEC for health in Mpumalanga, Sibongele Manana; the Mpumalanga health
department; the Mpumalanga provincial government and the Minister of
Health, Dr Manto Tshabala-Msimang.

The complaint is based on an investigation by the TAC, which revealed
contempt of the Constitutional Court order in the mother-to-child
transmission prevetion case that was made in July 2002.  The
Constitutional Court ruled that nevirapine must be provided "without
delay" to patients beyond the designated pilot sites where it is medically
indicated. It obliges government and the provincial health department to
"remove all restrictions" in the provision of nevirapine.

The TAC investigation shows that even though many superintendents
and medical doctors have indicated that they are ready to prescribe
nevirapine, they have been prevented from doing so.

We have placed before the HRC correspondence and press statements, which,
we believe, demonstrate conclusively that that the MEC has lied, as well
as misrepresented the situation and contradicted herself. This points
to the need for an urgent investigation of what is actually happening
on the ground.

The TAC has also submitted evidence of corruption and misadministration
in the Mpumalanga health department. We have asked the HRC to investigate
this further.

The TAC has requested that the HRC:

* conduct its investigation urgently, * send field investigators into
Mpumalanga to establish which hospitals and clinics have been prevented
from prescribing nevirapine, * use its powers of subpoena to interview
and question health officials in Mpumalanga including the MEC for health
and the Minister of health and * investigate the role that the Minister
of health has played in allowing the situation in Mpumalanga to worsen
to the extent that there is open defiance of the court order.

If TAC's allegations of contempt of court are found to be correct, then
we believe that the Minister and the MEC must be held responsible for
the thousands of babies being born with HIV in Mpumalanga, when complying
with the Court order could have prevented these infections. TAC is still
considering the possibility of legal proceedings against the MEC for
acting in contempt of a court order.

We trust that the HRC will act independently and speedily. Urgency and
a commitment to human rights will save lives. We await their findings.

The full complaint is available on the TAC web-site www.tac.org.za
(by 16:00, 9 December) or upon request from info@tac.org.za.

For more information please contact Fatima Hassan on 011 717 8600 or
072 419 6008.