FUR 2601 Essay
Subject: Fundamental Rights
Subject Code: FUR 2601
NOTE: Assignment answers based on fact pattern 1 of FUR201/101/3/2012 page 21.
RHS Column for Remarks/ Suggestions:
Question: 1 (a):
HIV/AIDS is killing more and more South Africans daily and the mere possibility of a fourth line anti-retroviral treatment which has undergone the correct testing and systems should be made known to the public. Due to the new Medicines Control Amendment Act s5 which permits the Minister of Health to supress findings which she deems counter to current state policies by issuing a restraint on Professors Spies and Maseko, their treatment can now not be published. As counsel for Professors Maseko and Spies, they have standing to …show more content…
The new Medicines Control Amendment Act s5 permits the Minister of Health to suppress any scientific findings she deems to run counter to current state health policies by issuing a prior restraint on publication. Professors Maseko and Spies have discovered a fourth line anti-retroviral treatment that has proven to be a efficacious in combating the conditions of patients with HIV/AIDS and drug resistant forms of TB. However the Minister of health finds this treatment to be groundless and dangerous and has invoked her power under the new Medicines control Amendment Act s5 to prevent SA Medical Review from publishing the findings.
The decision of the Minister of Health is going totally against what the Treatment Action Campaign is all about and therefore the Treatment Action Campaign will with this case and any other case which permits them from reaching their mission, challenge the Constitution by means of litigation, lobbying, advocacy and all forms of legitimate