An open letter to the Minister of Health.

18 October 2001

Dear Minister Tshabalala-Msimang and all MECs for Health

SETTLE THE MTCT COURT CASE BEFORE HEARING 26-27 NOVEMBER 2001

70 000 children contracted HIV this year via
Mother-to-Child Transmission (MTCT). The Treatment Action Campaign
respectfully requests that you consider settling the court action we
have brought against you to reduce mother-to-child HIV transmission.
The Deputy-Judge President of the Pretoria High Court has set the
matter down for a hearing on 26-27 November 2001.  We all have a
chance to do what is right before that date.  


In this spirit, we appeal to you to settle the matter with us out of
court on the basis set out below.

1)     Doctors in the public sector will be allowed to prescribe and
dispense Nevirapine on the request of a pregnant woman with HIV/AIDS
and with due regard to protocols that MECs agree for this interim
measure.

2)     The government will submit a plan within two months to the
Human Rights Commission and the Public Protector that phases in a
national MTCT programme over the next 18 months. 

A few weeks ago you asked us for an extension of two weeks to file
your court papers. Despite our dismay, we granted you the delay. For
at least five years, the health professions, civil society and since
1998, the Treatment Action Campaign have used every means at our
disposal to convince you of the possibilities to give women a choice,
and children a chance, by providing a comprehensive MTCT
prevention programme including the use of AZT/Nevirapine.

Legal proceedings were our last resort - they give people who have
lost faith in the government a legitimate and legal avenue to defend
their constitutional rights to healthcare access, life, dignity and
equality. We appeal to you to abandon your opposition to the court
case and to once again give people hope in the government.  The world
was heartened by the unity we displayed earlier this year against the
pharmaceutical industry - we are willing to work with you in doing the
right thing.

We will ask people across our country and throughout the world to
appeal to you to settle this case.  If you choose to contest the
matter and to let the courts decide the issue, we urge you not to
delay another minute.

Yours faithfully

 
TAC                               SOB                              CRC
Sipho Mthathi                Haroon Saloojee                     Cati Vawda 

We appeal to people to write letters to Minister Tshabalala-Msimang to
settle the case at the following addresses or fax numbers:

Private Bag X399 
PRETORIA 
0001 

Fax: (27) (0) 12 325 5526

Private Bag X9070
CAPE TOWN 
8000  

Fax: (27) (0) 21 465 1575