SECTION27 is a public interest law centre that seeks to influence, develop and use the law to protect, promote and advance human rights. Our name is drawn from the section in the South African Constitution which enshrines everyone's right to health care, food, water and social security.
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.
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.
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.”