SA to fight Aids drug ruling

Celebrations may prove short-lived

The government will appeal against a court ruling that it should distribute a drug to stop HIV-positive women from passing the virus to their children, the health minister has said.

A statement from Manto Tshabalala-Msimang said the appeal was "aimed at clarifying a constitutional and jurisdictional matter" but he also hinted that Aids policies might soon be revised.

Studies show that mother-to-child transmission of HIV can be halved with nevirapine

The government had argued that the courts should interfere in policy decisions and it could not afford the drug nevirapine.

Last Friday, the Pretoria High Court ordered the government to provide the drug to all HIV-positive pregnant women.

Studies show that nevirapine can reduce mother-to-child transmission of HIV by up to 50%.

Free of charge

The government, however, says it is not convinced about the drug's safety and distributes the drug at 18 test centres.

The German firm which manufactures nevirapine, Boehringer Ingelheim, has offered to provide it free of charge for five years.

Mr Mbeki has controversial views on Aids and HIV

The court case - the first major challenge to the government's policy on Aids medication - was brought by a group of Aids activists who argued that the government was unnecessarily risking babies' lives.

They also said its reluctance to distribute the drug partly stemmed from President Thabo Mbeki's belief that HIV is not the only cause of Aids.

On Wednesday, Ms Tshabalala-Msimang told health officials that the pilot nevirapine schemes would be appraised in January 2002 "to chart plans for the future... on the basis of broad consensus."

Mother's blood

Zackie Achmat, head of the Treatment Action Campaign which brought the case against the government, expressed "regret" that the judgement was being contested "because they place more lives at risk".

But he also welcomed the decision to hold a broad consultation, describing this as a "victory" and "exactly what the court asked them to do."

Some 200 babies are born HIV-positive every day in South Africa. A government survey last year showed that 25% of pregnant women were infected with the virus.

Although the main method of transmission is through sexual intercourse, the virus can also be passed from mother to child.

About 30 out of every 100 HIV-positive mothers pass the virus to their babies, most commonly during delivery when the baby comes into contact with the mother's blood.

Nevirapine is one type of drug which prevents this form of HIV transmission.

Of those available, it is the cheapest and easiest to use - one dose can be given to the mother at the onset of labour and another dose to the baby up to 72 hours after birth.