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Central Methodist Church vs City of Johannesburg (Loitering Case)

Documents related to the Central Methodist Church vs City of Johannesburg (Loitering Case)

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Green Paper on National Strategic Planning

In response to a call for input on the Green Paper: National Strategic Planning, the ALP recently made a submission to the Presidency and Parliament’s Ad Hoc Committee on the Green Paper on National Strategic Planning. The ALP’s interest in making this submission stems from its commitment to defend and enforce human rights and to ensure that the state discharges its constitutional obligations in accordance with its democratic mandate and the rule of law.

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BEMF Inaugural meeting: 21 August 2009

BEMF Inaugural meeting: 21 August 2009
Presentations by:

  • Legal Implications of Failures in in Health Budgeting – Adila Hassim
  • Case Study: Budget Irregularities and Shortfalls in the Free State – Brian Honermann
  • Long Term Costs and Implications for Sustainable Budgeting – Susan Cleary
  • The Budget Process & Power Brokers: How to Influence It/Them – Alison Hickey Tshangana
  • National AIDS Spending Assessments – Nhlanhla Ndlovu
  • Tools for Community Monitoring of Budgets and Expenditures – Nhlanhla Ndlovu

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Budget and Expenditure Monitoring Forum

The Budget and Expenditure Monitoring Forum (BEMF) is a group of civil society organisations that monitors the National Strategic Plan on HIV and AIDS 2007-2011 (better known as the NSP).

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Letter to Ministers of Health, Social Development, Economic Development and Labour on Community Care Givers

A copy of the letter to the Ministers.

We apologize for not including the Letter to the Ministers dated 29 June 2009 on Decent work and conditions for community health and care workers – please see the link at the end of the press statement.

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Lack of oversight has led to a health emergency

Business Day, 9 February 2009
LAST November, a roadmap for health reform was finalised by a range of stakeholders in the field of health care, including the government. The purpose of the roadmap, which was developed under the auspices of the Development Bank of Southern Africa, is to provide guidance to the next government on priorities for health reform. It reflects a rare consensus regarding the achievements and failures of the health system, as well as new priorities.

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ALP 18-Month Review: July 2007 to December 2008

In July 2007, at the time of the publication of its last 18-month review, the ALP was still in its infancy. It had just re-fashioned itself as an independent not-for-profit organisation, having separated itself from the University of the Witwatersrand, moved offices, registered as a law clinic, complied with a range of corporate law requirements, appointed a Board of Directors, and commenced upon a new organisational life whilst pursuing essentially the same mission.

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Civil Society and Uncivil Government – The Treatment Action Campaign (TAC) versus Thabo Mbeki, 1998- 2008

This chapter examines the experience of one of South Africa‟s foremost pro-poor civil society movements, the Treatment Action Campaign (TAC), and uses it to reflect on the role that was played by social justice organisations during Mbeki‟s presidency (1999-2008).

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Naude v The member of the Executive Council, Department of Health, Mpumalanga

On 21 October 2008 the Labour Court handed down the judgment in the case, Naude v The member of the Executive Council, Department of Health, Mpumalanga. The court found that Naude had been unfairly dismissed, awarded him R100 000 compensation, and costs in ALP’s favour.

This is a victory for all doctors who seek to practice their professional ethically, even where it may go against government policy.

In this case the AIDS denialism of the former Minister for Health, Manto Tshabalala-Msimang and the former MEC for Health in Mpumalanga, Sibongile Manana has once again been found to be unlawful and a violation of rights.

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The National Health Act (NHA) Booklet

The National Health Act (NHA) is arguably the most important Act passed by Parliament to give effect to the right of everyone to have access to health care services. This right is guaranteed by section 27 of the Constitution of the Republic of South Africa, 1996, which places express obligations on the state to progressively realise socio-economic rights, including access to health care.
Printed copies are available from the AIDS Law Project for R90.

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Harm reduction submissions and letters

In February 2007 and May 2008 the AIDS Law Project made submissions on harm reduction legislation acting for and with the AIDS and Rights Alliance for Southern Africa. In June 2008 a letter was also sent to the Minister of Social Development, Zola Skweyiya, on the subject.

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Draft National Health Amendment Bill

The National Health Amendment Bill (the Bill) was simultaneously published with the Medicines Amendment Bill on 18 April 2008. Both Bills are some of the most important pieces of health legislation to be proposed in recent years. The Medicines Amendment Bill is the subject of a separate submission that accompanies this one.

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Draft Medicines and Related Substances Amendment Bill

The Treatment Action Campaign (TAC) and the AIDS Law Project (ALP) recognise the need for, and strongly support, legislative reform to ensure that the Medicines Control Council (MCC) is able effectively and efficiently to regulate medicines and other health products. This, we are told, is the ostensible purpose of the draft Medicines and Related Substances Amendment Bill, 2008 (“the draft Bill”).

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Medicines and Related Substances Amendment Bill, 2008

The Treatment Action Campaign (TAC) and the AIDS Law Project (ALP) recognise the need for, and strongly support, legislative reform to ensure that the Medicines Control Council (MCC) is able effectively and efficiently to regulate medicines and other health products. This, we are told, is the ostensible purpose of the draft Medicines and Related Substances Amendment Bill, 2008 (“the draft Bill”)1.

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National Health Amendment Bill, 2008

The National Health Amendment Bill (the Bill) was simultaneously published with the Medicines Amendment Bill on 18 April 2008. Both Bills are some of the most important pieces of health legislation to be proposed in recent years. The Medicines Amendment Bill is the subject of a separate submission that accompanies this one.

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South African Security Forces Union and Others v Surgeon General and Others

On 15 and 16 May 2008, a ground breaking case on the constitutionality of HIV testing policies that are used to exclude ALL people with HIV from recruitment to, promotion or foreign deployment in the SA National Defence Force was heard in the Pretoria High Court.

The court was asked to declare the blanket exclusion unconstitutional, order the appointment or promotion of individual’s adversely affected by the policy and to order the SANDF to devise a new policy within six months.

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Panel for the Independent Assessment of Parliament, 2007

The Treatment Action Campaign (TAC) and the AIDS Law Project (ALP) welcome this opportunity to make a submission to the Panel for the Independent Assessment of Parliament. The TAC and ALP are civil society organizations dedicated to upholding the rights of people to have access to health care services, to ensuring that the state discharges its positive constitutional obligations in respect of that right, and to ensuring a comprehensive response to HIV/AIDS both domestically and internationally.

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Regulations Relating to the Labelling and Advertising of Foodstuffs, 2007

The AIDS Law Project (ALP) and the Treatment Action Campaign (TAC) focus much of their work on ensuring that full and meaningful effect is given to the Bill of Rights recognition that “[e]veryone has the right to have access to … health care services” and that the “state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realization” of this right.

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KZN Health Bill, 2007

The ALP made a submission to the KZN Health Department regarding draft of the Kwazulu-Natal Health Care Bill, 2007. In our view, the KZN Bill has the potential to complement the broad legislative framework provided by the National Health Act, 2003. In particular, it has the potential to provide much of the needed detail in respect of which the Act expressly authorises the provinces to legislate, thereby enabling provincial and local government authorities to render health care services in accordance with the needs of the people of KZN.

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Nursing Council Regulations, 2007

In recognising the important role entrusted to the Nursing Council (“the Council”) by the Nursing Act, 33 of 2005 (“the Act”), this submission is primarily concerned with ensuring that the process in terms of which members of the Council are appointed instills public confidence in that body.

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HIV/AIDS workplace discrimination, 2007

South Africa has a strong legislative framework aimed at preventing HIV-related discrimination in the workplace.

Guidelines developed by the International Labour Organisation (ILO) and the Code of Good Practice on HIV/AIDS which is linked to the Employment Equity Act (EEA) provide useful information on the content of HIV workplace policies.

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Criminal Law (Sexual Offences and Related Matters) Amendment Bill, 2006

The ALP made a follow-up submission to the Portfolio Committee on Justice and Constitutional Development regarding the Criminal Law (Sexual Offences and Related Matters) Amendment Bill. The submission was made on 15 August 2006 based on a new draft version of the bill.

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Health and Democracy

In South Africa, as in any society, people’s health is a major factor in both personal and social development. But in South Africa, unlike many other societies, people have a constitutional right both to access health services and to be treated in a way that should improve their health. For example, the rights to dignity, authonomy and equality should all inform and have an impact on the right to health. But despite this, South Africa is a very unhealth society and many indicators of health are getting worse. The HIV epidemic, violence against women, and homelessness all have a negative impact on health.

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SAHRC enquiry into access to health care services, 2007

This submission argues that there is a growing crisis of disease and ill health in South Africa that not only undermines the quality of life of millions of individuals, but also crucial programmes aimed at the reconstruction and development of the country. Much of this crisis could have been avoided. It results, in large part, from the failure of government to recognize the link between fundamental rights to dignity, equality and autonomy and the state’s constitutional obligations in respect of the right to have access to health care services.

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Draft IPRs from Publicly Financed Research Bill, 2007

In our submission to the Department of Science and Technology (DST) on the draft Intellectual Property Rights from Publicly Financed Research Framework, we noted that “[w]hile we continue to advocate for the development of an intellectual property framework in South Africa that generally facilitates access to essential products, our primary concern is that the legislation and regulations . . . that will result from this process make particular provision for ensuring access to the products of research that were developed using public resources.”

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Correctional Services Amendment Bill, 2007

A week after Cabinet adopted the Operational Plan for Comprehensive HIV and AIDS Care, Management and Treatment for South Africa (“the Operational Plan”) in November 2003, MM – an inmate at Westville Correctional Centre and the seventh applicant in the case of EN v Government of Republic of South Africa (No 1) – was diagnosed withoesophageal candidiasis, an AIDS-defining illness.

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NM, SM and LH v De Lille, Smith and New Africa Books

On Wednesday, 4th April 2007 the Constitutional Court handed down judgment on the case of NM & Others v Charlene Smith, Patricia De Lille, and New Africa Books. The case concerned the publication of the applicants’ full names and HIV status in the biography of Patricia De Lille, authored by Charlene Smith and published by New Africa Books, without their consent.

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