Treatment Action Campaign - Suing The Government

Suing The Government

The TAC first confronted the South African government for not ensuring that mother-to-child-transmission (MTCT) prevention was available to pregnant mothers. It won this case on the basis of the South African constitutional guarantee of the right to health care, and the government was ordered to provide MTCT programs in public clinics. TAC also assisted the government by defending it in the case brought against the government by the pharmaceutical industry. TAC entered the case as an amicus curiae, submitting a brief in favour of the government's position. Although the withdrawal of the pharmaceutical companies from this case resulted in a government victory, the government showed no interest in providing access to the generic antiretroviral medications that its victory allowed.

Indeed, far from embracing their common victory against the patent rights of multinational companies who were not making affordable drugs available, President Thabo Mbeki began promoting the AIDS denialist view that HIV might not cause AIDS, and that AIDS medications were more toxic than helpful, inviting foreign AIDS denialists to advise his government.