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
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.
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.
(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)
Notice of application for leave to execute MTCT court case judgement.
Tac's Execution Affidavit by Siphokazi Mthathi
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
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
TAC founding affidavit filed on 21 August
2001 at Pretoria High Court (RTF) (ASCII
Including Supporting Affidavits: