South African Government to Appeal Court Ruling Forcing It to Provide Key AIDS Drug

The South African government said Wednesday it would appeal a court ruling compelling it to provide a key AIDS drug to HIV-positive pregnant women that would lower chances of passing the virus on to their children. "We have instructed our legal counsel to appeal the judgment to the Constitutional Court as soon as practicable," Health Minister Manto Tshabalala-Msimang said in a statement. The Pretoria High Court ruled Friday that the government has to make nevirapine available countrywide. Studies show nevirapine can reduce the transmission of HIV from mother-to-child during labor by up to 50 percent. They also ordered the government to institute a comprehensive nationwide program to reduce mother-to-child transmission of HIV and gave the government until March to report on how the program -- which is to include counseling, HIV testing and the distribution of baby formula -- was being implemented.

"Having examined the reasoning of the judgment and the orders made, we came to the conclusion that this judgment could have far-reaching implications in defining our constitutional democracy and in shaping the state's responsibility for the delivery of social services," said Tshabalala-Msimang.

Tshabalala-Msimang said the appeal was not an attempt by the government to obstruct the development of a program to prevent mother-to-child transmission of HIV. "Rather it is aimed at clarifying a constitutional and jurisdictional matter which, if left vague, could throw executive policy making into disarray and create confusion about the principle of the separation of powers, which is a cornerstone of our democracy," she said.

The government's decision to challenge the High Court ruling was regrettable, said Nathan Geffen, a spokesperson for the Treatment Action Campaign, which lodged the lawsuit. "We are concerned that this delay will result in further unnecessary HIV infections and loss of life," he said.

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