Misleading Department of Health Statement
24 November 2004
The Treatment Action Campaign (TAC) has decided to withdraw its legal action
demanding that the Department of Health provide certain annexures to the
Comprehensive Plan for Management, Care and Treatment of HIV and AIDS.
However, the TAC is demanding that the Department pays its legal costs.
The TAC decision not to proceed with its legal action comes after the
Department filed its answering affidavit opposing the application to have
access to certain annexures to the Comprehensive Plan. Despite reference
to the annexures in the Plan, they were never written by the Department or
included in the Plan.
Acting on behalf of the TAC, the AIDS Law Project's Fatima Hassan wrote a
letter to the state attorney stating that they have advised their clients
not to pursue this matter any further.
"We accept that our client is not entitled to annexes A.1 and A.2 and will
no longer be persisting in our client's claim for an order directing
disclosure of these documents," said Hassan.
"Based on what is contained in the answering affidavit deposed to by Dr
Chetty (Acting Director General of the Department of Health), we have
advised our client to accept in good faith that annexes A.1 and A.2 are
not the final, approved and/or adopted 'week by week schedule for the
pre-implementation period' and the 'Detailed Implementation Plan'
respectively, but are draft documents that were not approved by the
Department, Minmec and/or Cabinet."
The Department welcomes the decision of the TAC to abandon this matter.
However, it is unfortunate that much effort and resources had to be put
into legal processes before the matter could be resolved.
Issued by Department of Health
[END OF MISLEADING DOH STATEMENT]