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.
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.
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”).
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.”