Friday 23 October

Submissions

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.”

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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”).

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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.

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WDA