/ 30 January 2009

Balfour ordered to furnish report to TAC

Correctional Services Minister Ngconde Balfour was on Friday ordered to furnish a report on the death of an inmate to the Treatment Action Campaign.

Correctional Services Minister Ngconde Balfour was on Friday ordered to furnish a report about the death of an inmate to the Treatment Action Campaign (TAC).

Briefly handing down judgement in an access to information matter at the Palace of Justice, Judge Brian Southwood ordered the minister to hand over unedited, electronic and hard copies of a report into the death of the HIV positive prisoner.

Balfour was not present in the Pretoria court.

The inmate — referred to only as MM to protect the privacy of his family — died in the Westville Correctional Centre in 2006, allegedly after antiretrovirals were allegedly administered too late.

According to the TAC, MM’s medical records showed he had been put on ARV treatment a few weeks before his death.

After MM’s death the TAC, a co-applicant in the Westville Correctional Centre case requested the Judicial Inspectorate of Prisons (JIOP) to conduct a report into MM’s death and other matters at the prison.

The investigation was completed in 2006 and, according to the TAC, the report was sent to Balfour.

Southwood also ordered the minister to pay all punitive costs.

The JIOP — cited only for its interest in the matter — as second respondent could also release the report to the TAC.

”The JIOP is authorised to furnish the report. We will probably be approaching them,” said Brian Honnerman of the Aids Law Project on behalf of the TAC.

No dates were given as to when the report should be handed to the TAC. — Sapa