L Jacobus on High Court ARV treatment decision

Statement by Deputy Minister of Correctional Services, Loretta
Jacobus, on Durban High Court decision on ARV treatment

23 June 2006

Department of Correctional Services has a high regard for the judiciary but
decided to appeal the decision of the high court because of the following
factors:

- It adds no value to the programme already implemented by the Department,
as two are receiving antiretroviral (ARV) treatment, 12 are already on the ARV
therapy programme while receiving treatment for opportunistic diseases with
only one of them refusing treatment.

- The net effect of the decision is that the antiretroviral drugs already
received by some should be prematurely administered to all others with
immediate with grave consequences to their health.

- In addition we are of the view that another court may come to a different
conclusion on this matter and on the judge’s refusal to exempt himself in the
case involving his daughter who is the instructing attorney in the case.

The case actually clouds a number of critical issues regarding the
Department’s approach to dealing with issues of HIV and AIDS which should be
clearly stated and understood by all.

- The bottom line is that the Department of Correctional Services is not an
accredited institution for administering ARVs but relies of the Department of
Health’s adjacent accredited institutions. In this regard we have made progress
in KwaZulu-Natal alone as:

* of those with CD4 count of less than 2000, 123 are on ARV treatment;

* conscious of the limitations of these arrangements with health including
security implications of transporting highly dangerous HIV and AIDS suffering
offenders to accredited sights, we are continuously identifying and preparing
additional sites for accreditation;

* in KwaZulu-Natal alone two sites have been now accredited, viz,
Qalakabusha and Pietermaritzburg while three others are on the pipeline for
accreditation viz, Durban Westville, Watervaal and Kokstad.

Working with our partners we will continue to ensure the realisation of our
constitutional obligation, resources permitting, including provision of
adequate health services to our offenders.

Enquiries:
Manelisi Wolela
Cell: 083 6260304

Sukhthi Naidoo
Cell: 082 2177 724

Issued by: Ministry of Correctional Services
23 June 2006

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