MTCTP Court Case

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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

Contempt of Court Papers

TAC files contempt of court application against Mpumalanga MEC for Health and Minister of Health.
Notice of Motion (Word Document)   Founding Affidavit (Word Document)

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)

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:

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: