Treatment Action Campaign and MSF admitted as ‘friends of the court’ in a landmark case on access to medicines

The Treatment Action Campaign (TAC) and Doctors without Borders (MSF), both represented by SECTION27, have been admitted by the Pretoria High Court, as amici curiae (friends of the court) in a compulsory license application for access to a lifesaving drug to treat cystic fibrosis, called Trikafta.  

The drug is not available in South Africa but, where it is available, is priced at over R5 million per year for patients, who need to take it for the rest of their lives. The case is an application for a compulsory licence brought by Cheri Nel, a South African with cystic fibrosis against Vertex Pharmaceuticals Inc, an American pharmaceutical company that patented Trikafta.  

The case brings into the spotlight patent protection laws in South Africa and how they can hinder people’s right to access affordable treatment. If Nel’s application is successful and a compulsory license is granted, Nel and others with cystic fibrosis would be able to use a generic version of Trikafta, which would be significantly less expensive. 

TAC and MSF will bring to the Court their experience in campaigning for and facilitating access to medicines and seek to document relevant domestic and international developments. This will allow the Court to understand the importance of compulsory licensing in ensuring access to medicines and the broader ramifications of granting the compulsory license in this case. In addition, TAC and MSF wish to place evidence before the Court on why the socio-economic landscape of South Africa demands that medicines be made affordable. 

We await a date for the hearing of this important matter. 

For media queries contact: 

SECTION27 | Pearl Nicodemus| nicodemus@section27.org.za | +27 82 298 2636 

TAC | Butho Mpofu | ngqabutho.mpofu@mail.tac.org.za | +27 72 225 9675 

MSF | Seipati Moloi | seipati.moloi@joburg.msf.org |