FUR 2601 Essay

1108 Words Feb 9th, 2014 5 Pages
Date: 01 March 2012

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deems counter to current state policies by issuing a restraint on Professors Spies and Maseko, their treatment can now not be published.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
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Their mission it to ensure that every person living with HIV has access to quality comprehensive prevention and treatment services to live a healthy life. They will approach their mission by securing comprehensive treatment and prevention services in selected focus districts as a model for other districts and to inform and support national advocacy efforts through its branches, providing a platform for people to mobilise and organise around HIV and related health rights.
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

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