Monday 14 September

Archive

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.

By Section27, ago

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.

By Section27, ago

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.

By Section27, ago

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”).

By Section27, ago

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.

By Section27, ago

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.

By Section27, ago

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.

By Section27, ago

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.

By Section27, ago

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.

By Section27, ago

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.

By Section27, ago
WDA