Opening Remarks by the Hon AC Nel, MP, Deputy Minister of Justice and Constitutional Development at the SANAC Breaking Down Barriers Technical Task Team meeting at the Centurion Lake Hotel (via video conference)
Programme Director, colleagues, and distinguished guests,
As we begin, let us ground ourselves in the constitutional values that shape our collective mission.
I invite us all to rise, whether in body or in spirit, and to recite the Preamble to the Constitution of the Republic of South Africa, which reaffirms our commitment to justice, human dignity, equality, and the advancement of all who live in our country.
We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to -
- Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
- Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
- Improve the quality of life of all citizens and free the potential of each person; and
- Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel’ iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.
“The HIV/AIDS pandemic in South Africa has been described as “an incomprehensible calamity” and “the most important challenge facing South Africa since the birth of our new democracy” and government’s fight against “this scourge” as “a top priority”’. It “has claimed millions of lives, inflicting pain and grief, causing fear and uncertainty, and threatening the economy”. These are not the words of alarmists but are taken from a Department of Health publication in 2000 and a ministerial foreword to an earlier departmental publication.
This is the opening paragraph of the landmark Constitutional Court judgement in Minister of Health v Treatment Action Campaign (known as the TAC case), decided in 2002.
Context and Constitutional Imperatives
In this case the Constitutional Court captured the magnitude of the HIV/AIDS epidemic, describing it as “the most important challenge facing South Africa since the birth of our new democracy.”
The Court reminded us that in fulfilling socio-economic rights, with due regard to the minimum core, the State must ensure that no one is condemned to a life below the basic level of dignified human existence. The Declaration of Commitment on HIV/AIDS, adopted by the UN General Assembly in 2001, recognised that the HIV response has driven some of the most significant human rights advancements globally:
- Recognition of the right to participate in decisions affecting one’s health;
- The right to treatment as part of the right to health; and
- Protection from discrimination on the basis of health status.
South Africa’s journey since the TAC judgment has been anchored in these constitutional and human rights principles. We have worked to ensure that HIV prevention, treatment, and care services are accessible, dignified, non-discriminatory, and grounded in equality.
Yet, as we know, much work remains.
Purpose of Today’s Engagement
We meet today as the Breaking Down Barriers Technical Task Team—a truly multisectoral platform comprising government, civil society, academia, development partners, the private sector, and community constituencies. Goal 1 of the National Strategic Plan (NSP) on HIV, TB, and STIs (2023–2028) calls on all of us to eliminate the social and structural barriers that undermine health and well-being.
Our collective responsibility is to guide, coordinate, and monitor the implementation of this goal so that our national response is just, inclusive, rights-based, and gendertransformative.
Key Functions of the Task Team
Our mandate includes:
- Providing strategic leadership and technical guidance on Goal 1 implementation.
- Promoting gender equality, advancing human rights, and integrating mental health within HIV, TB, and STI responses.
- Strengthening community-led, multi-sectoral collaboration to address stigma, discrimination, and inequality.
- Supporting research, evidence generation, and policy dialogue to inform effective interventions.
- Monitoring progress and advising SANAC and stakeholders to ensure accountability and impact.
Achieving universal access to health care requires deliberate, intersectional, rightsbased strategies. The institutions represented here today are crucial partners in enabling South Africa to meet its human rights obligations while sustaining an effective and progressive response to the epidemic.
Current Priority Issues for the TTT
This is the first convening of the Task Team under the current NSP, and several issues have already been identified for focused attention:
- Law reform and advocacy, including:
- Decriminalisation of sex work;
- Provisions within the Children’s Act relating to consent;
- Advocacy relating to personal use of drugs.
- Measuring stigma experiences among People Living with HIV through the Stigma Index Survey — the report will be presented today.
- Development of the National Human Rights Plan on HIV and TB for key and priority populations — a draft will be presented.
- Strengthening Access to Justice for key populations, supported by the Global Fund grant.
Responsibilities of TTT Members
To fulfil our mandate, members are expected to:
- Provide evidence-based technical guidance and review relevant tools and guidelines.
- Support coordination and alignment across sectors.
- Advocate for gender equality, human rights, mental health, and structural interventions.
- Share data, progress reports, and challenges, contributing to monitoring of NSP Goal 1.
- Uphold accountability through consistent participation and sectoral reporting.
- Promote learning, research sharing, and capacity-building across the response.
Conclusion
Colleagues, the work before us is urgent and profound. Breaking down the barriers faced by communities is central to building a society rooted in dignity, equality, and justice—values at the heart of our Constitution.
May today’s deliberations strengthen our resolve and enhance the effectiveness of this Task Team in delivering on its mandate.
We thank you.
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