SUE BLAINE, Johannesburg | Wednesday
THE State did not have the capacity to comply with an interim High Court order that it provide the anti-retroviral drug nevirapine in all State hospitals and clinics, senior counsel for the State, Marumo Moerane, told the Constitutional Court on Wednesday.
The court has convened during its recess to hear argument on whether the government should be granted leave to appeal a Pretoria High Court execution order granted last week — that it must provide nevirapine while waiting for the outcome of its Constitutional Court appeal against last year’s court order widening access to nevirapine to all State hosptials with the capacity to administer the drug.
The appeal is set to be heard in May.
”So, the short answer is, you would not comply with the order because you don’t have the capacity,” Deputy Chief Justice Pius Langa asked Moerane.
”Yes,” he answered.
”I don’t understand opposing an order which does not put any pressure on you,” Langa said.
Moerane said ”in the real world” there would be people who said there was capacity and demanded nevirapine provision. ”There might even be a campaign.”
In answer to a comment from Judge Kate O’Regan, that it seemed that the Pretoria High Court order gave individual clinics and hospitals the power to decide on capacity, Moerane said this was what the department of health was worried about.
”What we object to is taking a decision, taking a process, out of the hands of the department and putting it into the hands of medical doctors and superintendents.”
Health Minister Manto Tshabalala-Msimang, and members of the Treatment Action Campaign attended the hearing. – Sapa