29 August 2006
The Department of Correctional Services respects the decision of the
judiciary, its independence and is committed to implement court orders. The
department also accepts the ruling of the court regarding the issue of
facilitating offender access to antiretroviral (ARV) therapy and treatment, and
will accordingly expedite the ARV Treatment Programme which we have already
been implementing with progressive success.
Correctional Services also wishes to state unequivocally that at no stage
has it ever defied or ignored court orders. Correctional Services, as any other
juristic person, has a right in terms of the rules of court to appeal against
any court decision which has a reasonable prospect of success on appeal. To
safeguard against the abuse of this process, the courts have to give leave. In
exceptional circumstances a court of appeal may be petitioned to obtain leave
to appeal. This is in line with our democracy. But it should also be stressed
that while we appeal against Judge Pillay�s order, we have at no stage denied
inmates access to ARVs.
The department does not agree that the decision to appeal against the orders
of the Durban High Court were intended to create a constitutional crisis. That
was not argued in court nor can it be raised to undermine the right of the
State to appeal where it is appropriate. Democracy means that we are all
subject to the constitution and the laws of the country.
Regarding the provision of ARV therapy and medication programme,
Correctional Services and the Department of Health, have made significant
progress in rolling out the HIV and AIDS programme nationally and in Durban
Westville, including ARV therapy and treatment. Advanced steps have also been
taken to facilitate the accreditation of Durban Westville Correctional as an
ARV site.
Currently, at the Durban Westville Correctional Centre alone there are 116
offenders who are on the ARV therapy and treatment programme, 71 of whom are on
ARV medication. Other interventions include the secondment of two fulltime lay
counsellors and three visiting doctors by the Department of Health, to assist
with the rollout of the HIV and AIDS programme in Durban Westville.
Even nationally the department is making progress in dealing with the
pandemic as well, with three centres already accredited in Grootvlei Free
State, Pietermaritzburg and Qalakabusha in KwaZulu-Natal.
Nationally, 1 959 inmates are on the ARV Therapy and Treatment Programme. We
are continuing with our HIV Prevalence Survey in correctional centres,
including awareness raising campaign, to encourage inmates to do voluntary
testing so that we can obtain a holistic picture in terms of the number of
HIV/AIDS infected offenders.
The department will however continue to improve its facilitation of offender
access to medical treatment in line with the constitutional, legal and policy
framework focusing on primary health care services, while facilitating access
to accredited ARV sites and secondary and tertiary medical institutions.
Enquires:
Manelisi Wolela
Cell: 083 626 0304
Issued by: Department of Correctional Services
29 August 2006
Source: Department of Correctional Services (http://www.dcs.gov.za)
