Categories

Date Search

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.”

Read More

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.

Read More

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.

Read More

Regulations Relating to the Obtainance of Information, 2007

The ALP welcomes the opportunity to make a submission on the Draft Regulations Relating to the Obtainance (sic) of information and Processes of Determination and Publication of Reference Lists (“draft regulations”).

The ALP accepts that there is a need to address inequity in access to private health care services as well as the need to contain and regulate costs in the private sector. For this reason regular and accurate information about health financing, service prices and business practice in the private sector is essential in determining both health policy as well as a fair and reasonable price for services and products. However, if the draft regulations are to give effect to the objective of obtaining such information then we believe that it should be significantly strengthened.

Read More

Draft Medical Schemes Amendment Bill, 2007

The ALP welcomes the opportunity to make a submission on the draft Medical Schemes Amendment Bill (“the draft Bill”) in so far as it deals with risk equalisation. We do so against the following background:

Read More

State institutions supporting constitutional democracy, 2007

As a section 21 not-for-profit company and a registered law clinic, the AIDS Law Project (ALP) seeks to develop, implement and use laws and policies to protect and advance the rights of people living with HIV/AIDS. In so doing, it aims to ensure arights-based response to the HIV/AIDS epidemic that it believes is best suited to reducing new HIV infections and minimising the negative social impact of AIDS. Part of the Centre for Applied Legal Studies at the University of the Witwatersrand, Johannesburg from 1993 until 2006, the ALP – as an independent organisation – is now formerly associated with the Wits School of Law.

Read More

ALP 18 Month Review: January 2006 – June 2007

ALP 18 Month Review: January 2006 – June 2007

Read More

Draft National Strategic Plan, 2007

We welcome the opportunity to comment on the draft NSP 5-year plan. Although we are aware that the Chief Director: HIV/AIDS and STDs has requested only short inputs (“not essays”) the complexity of the plan, and its importance to South Africa, has required the detailed response below. In addition, whilst working on this submission a further draft (dated 14 November 2006) has been made available. However, most of the points we deal with below remain relevant.

Read More

Promotion of Equality and Prevention of Unfair Discrimination Act, 2006

The call for public submissions makes it plain that Parliament’s review of the Act will focus on the impact of the statute on women and persons with disabilities. Oursubmission deals squarely with two issues: the proposed express inclusion of HIV/AIDS status as a prohibited ground of unfair discrimination; and access to legal services necessary for the proper implementation of the Act.

Read More

Strategic framework for the Human Resources for Health Plan, 2005

The AIDS Law Project (“the ALP”) and the Treatment Action Campaign (“the TAC”) welcome the release of the Strategic Framework for the Human Resources for Health Plan (“the Strategic Framework”) for public comment and discussion. We further welcome the express acknowledgement therein by the Department of Health (“the DoH”e need for appropriate human resources for health (HRH) planning and recognise the substantial work that has gone into the development of the Strategic Framework.

Read More

Health Professions Amendment Bill, 2006

The AIDS Law Project (ALP) welcomes this opportunity to make written submissionson the Health Professions Amendment Bill [B 10 – 2006] (“the Bill”). As an organisation that has consistently sought to ensure that the Health Professions Council (“the Council”) holds health professionals to account, we welcome the Bill and the many positive contributions we believe it will make in advancing and safeguarding the public interest.

Read More

EN and Others v Government of the Republic of South Africa and Others (Westville)

Since October 2005 the TAC and the AIDS Law Project (ALP) have assisted HIV positive inmates at Westville Prison in acquiring ARVs that have routinely been refused to them by prison authorities. Situated in Kwazulu Natal, one of the provinces most severely affected by HIV/AIDS, Westville had steadfastly prevented TAC or other NGOs from conducting treatment workshops, treatment literacy programs, or any form of HIV awareness training.

Read More

IP rights from publicly financed research framework, 2006

The AIDS Law Project (“the ALP”) takes this opportunity to thank you and the Innovation Fund’s Intellectual Property Management Office for facilitating and hosting the provincial consultation workshop held in Cape Town on 30 March 2006. My colleague Fatima Hassan and I found the event to be extremely useful in understanding the context within which the Intellectual Property Rights (IPR) from Publicly Financed Research Framework (“the policy framework”) is situated. In addition, it provided us with an opportunity to float, consider and refine our formal submissions on the policy framework.

Read More

Methodology for conforming with international benchmarks, 2006

Government Notice 2007 of 2005 (Government Gazette No. 28214 of 11 November 2005) calls for submissions – amongst other things – on a methodology for conforming with international benchmarks of the prices of medicines. According to the notice, the methodology will be determined and published by the Minister of Health (“the Minister”) in terms of regulation 5(2)(e) of the Regulations Relating to a Transparent Pricing System for Medicines and Scheduled Substances (“the pricing regulations”).

Read More

Legal Service Charter, 2006

Apart from our obvious interest in this Charter as a provider of legal services, the AIDS Law Project has been centrally involved in broader efforts to expand access to justice. In February 2005, the ALP co-hosted a conference on improving access to legal services for people living with HIV.

Read More

Draft circular instruction regarding compensation for occupationally acquired HIV, 2005

The Department of Labour is commended for taking the initiative in compiling an Instruction to clarify various issues around compensation for occupationally acquired HIV.

Read More

Disability Grants or Antiretrovirals – 2006

Disability grants or antiretrovirals? A quandary for people with HIV/AIDS in South Africa

Article by Chloe Hardy and Marlise Richter published in the African Journal of AIDS Research Volume 5 (1) 2006.

According to the Department of Social Development, disability grants are available to adult South African citizens and permanent residents who are incapacitated and unable to work due to illness or disability.

A number of people living with HIV/AIDS (PWAs) have accessed disability grants once they have fulfilled the criteria set down by the Department of Social Development. Current government policies entitle PWAs, a least in theory, to access antiretroviral medications. Where PWAs have been able to access antiretroviral treatment (ART) through the government’s antiretroviral programme, this has led to an improvement in their health and subsequent disqualification for a disability grant.

Read More

Appropriate dispensing fee, 2005

In an advertisement placed in the Sunday Times (dated 23 October 2005 and entitled “Call for Submissions”), the Pricing Committee invited “interested parties to provide input on an appropriate dispensing fee as envisaged in terms of section 22G of the Medicines and Related Substances Act, Act No. 101 of 1965” (the Medicines Act). In particular, the advertisement called for interested parties to “provide input on all issues that are relevant to the determination of an appropriate dispensing fee.”

Read More

Working Group on Sexual Offences submission on Criminal Law Amendment Bill, 2005

Criminal Law (Sexual Offences and Related Matters) Amendment Bill

The National Working Group on the Sexual Offences Bill made a submission on 30 October 2005. This submission begins by explaining why violence against women is an obstacle to the socio-economic development of South Africa. It then provides statistics on the extent of the problem before setting out the policies and laws which have been developed to address violence against women, or gender-based violence.

Read More

Revenue Laws Amendment Bill, 2005

The AIDS Law Project (“ALP”) welcomes the objectives underpinning Sections 27, 70 and 71 (“the Sections”) of the proposed Draft Revenue Laws Amendment Bill, 2005 (“the Bill”) to increase access to private health services. In this way, the Bill seeks to achieve its objective through the provision of tax subsidies for medical contributions and expenses to self employed and formally employed persons, including their dependants (beneficiaries). It also aims to remove the distinction between on site and off site medical services, an area of the proposals that we are particularly supportive of.

Read More

Nursing Bill, 2005

The AIDS Law Project (“the ALP”) welcomes, in principle, the move by the Department of Health (“the DOH”) to repeal the Nursing Act 50 of 1978. The memorandum on the objects of the Nursing Bill (“the Bill”) states that its primary purpose is to “transform the Nursing Council so as to increase the protection of the interests of the public” as well as to increase the accountability of the Nursing Council (“the SANC”).

Read More

Patents Amendment Bill, 2005

The AIDS Law Project (ALP) and the Treatment Action Campaign (TAC) welcome this opportunity to make written submissions on the Patents Amendment Bill [B 17 – 2005] (“the Bill”). As two organisations that have consistently advocated for the development of our patent system into one that considers South Africa’s competitive advantage and takes into account the specific needs of its people, we support what the Bill aims to achieve and, in general terms, how it goes about accomplishing its stated objective.

Read More

Siyayinqoba Beat It! 2005 Episode 13 – HIV in the SANDF

Our constitution states that discrimination on the basis of one’s gender, sexual orientation and any unfair discrimination is not acceptable and yet by not employing people living with HIV or AIDS, the South African National Defence Force continues to discriminate against people living with HIV. The SANDF is exempt from key legislation which is the basis of South Africa’s non-discriminatory policy on HIV/AIDS. The support group debated and questioned why the law allows this kind of discrimination to continue in the South African Defence Force.

Read More

Jali Commission enquiry into HIV/AIDS in prisons, 2004 (Supplementary Submission)

The ALP and Treatment Action Campaign made a submission to the Jali Commission in March 2004 entitled “HIV/AIDS in Prison: Treatment, Intervention, and Reform” [NOTE: LINK TO EARLIER SUBMISSION]. The submission dealt with the origins and causes of HIV infection in prisons, HIV prevalence in prisons, the HIV/AIDS policy of the Department of Correctional Services, including early release, and finally made recommendations, including several on the early release of prisoners with HIV/AIDS.

Read More

Draft Regulations to the Medical Schemes Act, 2004

Section 27(2) of the Constitution imposes on the state a positive obligation to take reasonable measures to realise the right of access to health care services for all. By enacting the Medical Schemes Act, 131 of 1998 (the Act), government has created a powerful framework for the effective regulation of the private medical scheme industry.

Read More

Jali Commission enquiry into HIV/AIDS in Prisons, 2004

In prison, HIV/AIDS exacerbates existing problems and also creates new ones, yet the potential for far-reaching positive impact remains. Prisons are an intervention opportunity to reach a segment of the population, which is most likely to need government services related to HIV/AIDS and is also least likely to receive them through any other channel. Most people who end up in prison come from marginalised communities with limited access to health, education, and/or other sources of social welfare. For many of these people, their interaction with the criminal justice system will be their most extensive exposure to public services of any kind. Without an appropriate response to HIV/AIDS in prisons, the potential consequences will be increasingly tragic for both prisoners and the communities they represent.

Read More