Matthias Rath is the definitive charlatan. Armed with huge amounts of money, megalomania, a lack of conscience and most importantly, the support of South Africa's incompetent Minister of Health Manto Tshabalala-Msimang, Rath has sown confusion in South Africa about the treatment and prevention of HIV. The Rath saga demonstrates how damaging politically-supported AIDS denialism is.
On 13 June, the Cape High Court handed down a landmark decision in a court action initiated by TAC and the South African Medical Association (SAMA) against Matthias Rath and the Government of South Africa. The High Court's decision upholds the rule of law and the sovereignty of science in South Africa.
This judgment unequivocally establishes the duty of the state to enforce the scientific governance of medicines as defined in the Medicines and Related Substances Act 101 of 1965 (hereafter referred to as the ‘Medicines Act’). This case has demonstrated how the Minister of Health has wilfully obstructed the rule of law and promoted pseudoscience, resulting in the unnecessary deaths of many people. We call on the President and the ANC to demonstrate their commitment to the rule of law by immediately relieving the Minister of her duties.
This judgment is effectively a stern warning to all purveyors of untested and unregistered medicines, especially those selling so-called “cures” for HIV/AIDS. Zeblon Gwala, “inventor “ of the quack AIDS-remedy Ubhejane, the makers and financiers of Comforter’s Healing Gift and Secomet products, as well as Tine van der Maas, should pay particularly close heed to it and cease their unlawful activities.
TAC thanks its counsel Geoff Budlender, its attorney William Kerfoot and the Legal Resources Centre for their critical roles in the success of this case.
For information on the ruling, and to read the court judgment, click here.
For background on the case, click here.
To download the full judgment, click here.
The Cape High Court has also issued a judgment on Rath's application to appeal, TAC's counter-appeal and TAC's successful application for an interim execution order. To read it, click here.
Here are many of the court documents:
Notice of Motion PDF
Amended Notice of Motion PDF
South African Medical Association Founding Affidavit PDF
Andrew Gray Affidavit on Medicines PDF
Andrew Gray Attachment PDF
Leslie London Affidavit on Ethics PDF
Peter Saranchuk Affidavit on the Effect of Rath Activities on four of his patients PDF
Nandipha Ntsholo on what happens to patients who participate in the Rath clinical trial PDF
Zondani Magwebu on how his wife, who was treated by Rath's agents, died PDF
Government's Filing Notice PDF
Affidavit of Thamsanqa Mseleku (Director-General for Department of Health) PDF
Affidavit of Peter Eagles (Chairperson of the Medicines Control Council) PDF
Affidavit of Pierre Uys (Member of the Executive Council For Health of the Western Cape) PDF
Replying Affidavit of Nathan Geffen PDF
Replying Affidavit of Zackie Achmat PDF
Replying Affidavit of Sipho Mthathi PDF
Replying Affidavit of Robert Dorrington PDF
Replying Affidavit of Francois Venter PDF
Replying Affidavit of George Ellis PDF
Replying Affidavit of Dr. Graeme Ayton Meintjes PDF
Please note that there are many more other affidavits including testimony about how Rath's activities have endangered patients.
The full bench of the Cape High Court interdicted Matthias Rath and his foundation from making defamatory allegations against TAC.
Cape High Court Judgment DOC
Response by Zackie Achmat PDF
Response by Debbie Matthews PDF
Response by Laura Morrison PDF
Response by Mandla Majola PDF
Response by Mark Heywood PDF
Response by Robin Wood PDF
Response by Steve Andrews PDF
Response by Zaid Mohamed PDF
TAC's replying affidavit to the Traditional Healers' Organisation, who decided to enter the case on the side of Rath PDF
See the transcript of a debate between TAC's Nathan Geffen and Anthony Brink of the Rath Foundation. (Transcript)