All materials on this page that have been written and produced by TAC may be reproduced and distributed at no charge and without TAC's permission, so long as the original writers are acknowledged. If you choose to modify the original documents, it must be clearly indicated what your additions are and the original authors must still be acknowledged. Please note, however, that some documents have not been produced by TAC and this notice does not apply to them.

Mother-to-Child Transmission Prevention Court Case

Current developments preventing mother-to-child HIV transmission in South Africa: background, strategies and outcomes of the Treatment Action Campaign case against the Minister of Health: Article by Mark Heywood (pdf) published in the South African Journal of Human Rights (2003, 19).

Constitutional Court Judgment Compelling Government to Provide Mother-to-Child Transmission Prevention - Delivered 5 July 2002

Discussion by TAC's lawyer, Geoff Budlender of the Legal Resources Centre, about the implications of the mother-to-child transmission prevention court case.
(Word Document)

Litigating HIV/AIDS: TAC and the MTCTP Case.
A presentation at the Barcelona AIDS Conference by Mark Heywood (Powerpoint)

Affidavit by Nurse Stella Dubazana, of Cotlands Hospice.
(Word Document) (Text Document)
(Not included in the final court papers for the Constitutional Court because it was considered new evidence, but it is worth reading).

TAC's Order for Immediate Execution of Judgement

TAC's Heads of Argument on Appeal
(Word Document) (Text Document)

Judge grants TAC interim relief. State must provide nevirapine to doctors in public sector who prescribe it after voluntary counseling and testing has been offered. This is an interim measure while the case goes to the Constitutional Court.
(Rich Text Document) (Text Document)

Notice of application for leave to execute MTCT court case judgement. (Word Document) (Text Document)

Tac's Execution Affidavit by Siphokazi Mthathi (Word Document) (Text Document)

TAC's Reply to the Department of Health's Response

Heads of Argument Word Perfect file (296 KB)   RTF file (360 KB) Text file (140 KB)

TAC's Replying Affidavit by Siphokazi Mthathi (Text)

• Robin Wood replying affidavit on Nevirapine (Word Document) (Text)

• Helen Schneider affidavit responding to the state's defence of operational complexity (Word Document) (Text)

• Hermann Reuter affidavit responding to Nono Simelela's allegations about the Khayelitsha mtct programme (Word Document) (Text)

• Prof N Nattrass affidavit replying to the affidavit of Dr Ntsaluba(Word Document) (Text)

• Allan Colm affidavit with regards to the Eastern Cape Health Department's work on combatting HIV/AIDS, and the resources available to it (Word Perfect) (RTF Format) (Text)

• Prof Cooper affidavit in reply to Dr Ntsaluba (Word Perfect) (RTF Format) (Text)

• Quarraisha Abdool Karim reply to Makubalo (Word Document) (Text)

The state has refused our request to provide us with electronic copies of their papers. We have typed up two of them and here they are:

• Jonathan Bernhard Levin (RTF Format) (Text)
• Philip Chukwuka Onyebujoh (RTF Format) (Text)

TAC's Founding Affidavit and Notice of Motion 

Notice of Motion (ASCII Text)
TAC founding affidavit filed on 21 August 2001 at Pretoria High Court (RTF)   (ASCII Text)

Including Supporting Affidavits:

• Affidavit of Second Applicant: Haroon Saloojee (Save Our Babies) (ASCII Text)
• Affidavit of Second Applicant: Cati Vawda (Children's Rights Centre) (ASCII Text)
• Affidavit on Epidemiology by Quarraisha Abdool Karim (RTF)  (ASCII Text)
• Affidavit on Medical Science by Robin Wood (RTF Format)  (ASCII Text)
• Affidavit on Economics by Nicoli Nattrass (RTF) (ASCII Text)
• Affidavit on Price of Nevirapine by Chloe Hardy (ASCII Text)
• Personal Affidavit by Bongiwe Mkhutyukelwa (ASCII Text)
• Personal Affidavit by Busisiwe Maqungo (ASCII Text)
• Personal Affidavit by SH (ASCII Text)
• Personal Affidavit by  Tshidi Mahlonoko (ASCII Text)
• Personal Affidavit by Vivienne Matebula (ACII Text)