annual report for 2003 · 1 alp annual report contents acknowledgements i mission statement 2 staff...

Annual report for 2003AIDS Law Project

Centre for Applied Legal StudiesUniversity of the Witwatersrand

A L P A N N U A L R E P O R T

AcknowledgementsThe ALP acknowledges the donors who funded our activities in 2003:

• The European Union

• The Ford Foundation

• HIVOS

• Development Co-operation Ireland

• Coca Cola

• The Foundation for Human Rights

The ALP would like to thank the following people for their generous assistance in furthering the aims ofthe project:

Adv Rob Petersen SC, Adv Susannah Cowen, Adv Wim Trengove SC, Adv GilbertMarcus SC, Adv Sharise Weiner, Adv Nigel Redman, Adv Lara Grenfell, Adv DanielBerger SC, Adv Gif t Nameng, Adv Zarina Camroodien, Adv Karel Tip SC, AdvFaranaaz Veriava, Geof f Budlender, Dr Tammy Meyers, Dr Gayle Sherman, DrAshraf Coovadia, Dr Harry Moultrie, Dr Michelle Meiring, Richard Moultrie, AlisonDyer, Adv Hamilton Maenetje, Peter Roth QC, Dr Francois Venter, Dr Mark Cotton,Dr Robin Wood, Sister Sue Rober ts, Professor Rob Dorrington, Alex van denHeever, Dr Steve Andrews, Sandy Harnisch, Elizabeth Wickeri, Dr Willber tBannenberg, Dr Hugo Templeman, Dr Hermann Reuter, Dr Issy Dinat, BelindaBeresford.

We would like to acknowledge the support of Médecins Sans Frontières (MSC), the Canadian HIV/AIDSLegal Network, Action for Southern Africa, the Women’s Legal Centre, the Children’s Institute, theChildren’s Rights Centre, the Centre for the Study of Violence and Reconciliation, Bowman GilfillanIncorporated, the Treatment Action Campaign, the Legal Resources Centre, the AIDS Consortium andthe Joint United Nations Programme on HIV/AIDS (UNAIDS).

We would like to acknowledge the courage of our clients in taking up and pursuing their cases.

In particular we would like to remember Charlene Wilson, Edward Mabunda, Kamoelo Pitso, MarthaJas and Matomela Paul Ngubane.

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contentsAcknowledgements IMission Statement 2Staff at the ALP 3Glossary 4Foreword 5Introduction 7HIV law and policy unit 9Law and treatment access unit 17Advocacy, research and public education 23Publications: research and legal literacy 29Project management and administration 33Appendix A 35

Presentations and papers of workshops, seminarsand conferences

Appendix B 43Parliamentary submissions and briefings

Appendix C 45Publications by staff members

Appendix D 49Positions held by staff

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In particular, the ALP focuses on removing obstacles that:

• Prevent people with HIV/AIDS from having access to adequate health careand treatment in both the private and public sectors;

• Prevent people with HIV/AIDS from contesting unfair treatment anddiscrimination and having access to legal remedies to protect their fundamentalrights; and

• Deny people with HIV/AIDS access to employment, employee benefits,insurance, education and other services.

The AIDS Law Project aims to:• Carry out litigation to counter wrongs that have occurred and, where possible,

to establish legal precedents that prevent them from recurring;

• Build capacity within existing legal advice service providers to offer free legaladvice that will empower people living with HIV/AIDS to seek legal remedies inresponse to acts of unfair discrimination;

• Carry out research to support policy formulation and bring about practicesthat prevent discrimination; and

• Produce media that creates an awareness of rights in government and civilsociety and promotes effective lobbying and advocacy.

The ALP is committed to a code of professional ethics, to respecting confidentialityand to the principle of the maximum inclusion of people living with or affected byHIV/AIDS. We will oppose all forms of unfair discrimination and promote a cultureof human rights and equality for all.

Discrimination against people with HIV/AIDSundermines society ’s efforts to prevent HIVinfection and limit the impact of the HIV/

AIDS epidemic on our society.Discrimination is also contrary to

internationally accepted principles ofhuman rights. The AIDS Law Project

operates according to the principles setout in the United Nations International

Guidelines on HIV/AIDS Human Rights, 1998.

mission statement

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Jonathan BergerHead and Researcher –Law & Treatment [email protected]

Althea CorneliusLitigation Secretar y/PAto Project [email protected]

Adv LieslGerntholtzHead – HIV Law andPolicy [email protected]

Chloe HardyParalegal [email protected]

Fatima HassanAttorney/consultant –Law & Treatment [email protected]

Mark HeywoodProject Head & [email protected]

Jennifer JoniAttorney – HIV Law andPolicy Unit(Resigned June 2003)

Teboho KekanaOutreach Officer –Advocacy & OutreachUnit(Resigned December 2003)

Anita KleinsmidtAttorney – HIV Law andPolicy Unit

(Resigned December2003)Lindi [email protected]

Xolani KuneneParalegal(end of contractJuly 2003)Manana [email protected]

Gilbert [email protected]

TebohoMotebeleAttorney – HIV Lawand Policy Unit(Resigned December2003)

Marlise RichterResearch [email protected]

Mosa SeloaneResource [email protected]

Fatima ShaikProject [email protected]

S T A F F A T T H E A L P

The Sowetan is South Africa’s largest readership newspaper“Just call me Lucky”Sowetan 21st October 2003

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ACTSAAction for Southern AfricaARVsAntiretroviral medicinesBIBoehringer IngelheimCALSCentre for Applied LegalStudiesCHALNCanadian HIV/AIDS LegalNetworkCCMACommission for Conciliation,Mediation and Arbitration

G L O S S A R Y

GRIPGreater Nelspruit RapeIntervention ProjectGSKGlaxoSmithKlineHIVHuman Immune DeficiencyVirusHPCSAHealth Professions’ Council ofSouth AfricaHSRCHuman Sciences ResearchCouncil

ICASOInternational Council of AIDSService OrganisationsLRCLegal Resources CentreLTAULaw and Treatment Access UnitMCCMedicines Control CouncilMECMinister of the ExecutiveCouncilMRCMedical Research CouncilMSFMédecins Sans FrontièresMTCTMother-to-child transmissionNAPWANational Association of PeopleLiving with HIV/AIDSNEDLACNational Economic, Developmentand Labour Council

CHOMPChildren’s Home MedicalOutreach ProjectCEPPWAWUChemical, Energy, Paper,Printing, Wood and AlliedWorkers’ UnionCOSATUCongress of South African TradeUnionsCMSCouncil for Medical SchemesCSVRCentre for the Study of Violenceand ReconciliationDoHDepartment of HealthDRDoctorDTIDepartment of Trade andIndustryGARPPGeneric Anti-retroviralProcurement Project

NGONon-Governmental OrganisationNHLSNational Health LaboratoryServiceNPGNational Pathology GroupPEPPost-Exposure ProphylaxisPLWAsPeople living with HIV/AIDSPMBsPrescribed Minimum BenefitsSASouth Africa

SALCSouth African Law CommissionSAMASouth African MedicalAssociationTACTreatment Action CampaignTRIPSWorld Trade Organisation’sAgreement on Trade-relatedAspects of Intellectual PropertyRightsUNUnited NationsUNAIDSJoint United Nations Programmeon HIV/AIDSWHOWorld Health OrganisationWLCWomens Legal CentreWTOWorld Trade Organisation

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ForewordThe AIDS Law Project was founded in 1993. This, its Report for itstenth full year, reminds us not only of what has been achieved inour struggle with the AIDS epidemic since then, but of what we haveyet to achieve. Fittingly, despite the lustre the ALP’s achievementsand activities have rightly earned, this report of its activities vauntsnothing. It is a record of endeavour and application – often highlyinventive and painstakingly assiduous, as the pages following show– on the part of the ALP’s leaders, lawyers, researchers,administrators and paralegals. A model project, the ALP attractsinternational support, recognition and acclamation. Its litigation andpolicy initiatives have been well-directed and influential, while itsresearch has contributed significantly not only to knowledge, but topractical interventions and strategies.

Yet the report’s tone of sobriety is right, since our struggle in theepidemic has been as much with the virus and its devastating effectsas with ourselves – our conception of truth, our acceptance of thetruth, and our readiness to act on its implications. And none of ushas been exempt from denial, neglect and insufficient applicationand imagination. The legal and policy struggles documented here,and the ALP’s successes in them, remind us of how much we allhave yet to do – how much we all still can do – to lessen the toll ofsuffering and bereavement this epidemic has caused. My hope isthat this report, and the dedication and application that itdocuments, will inspire us to further action.

Mr Justice Edwin CameronSupreme Court of Appeal30 April 2004

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2003 marked the 10th anniversary ofthe AIDS Law Project, and it is thereforefitting that the foreword to this annualreport should be written by the ALP’sfounder and mentor, Justice EdwinCameron. The key objective of the ALPremains to empower disadvantagedand marginalized people to use the lawto address unfair discrimination, findredress for the violation of their humanrights and hold government and theprivate sector accountable to people’sneeds.

The ALP conducts research, advocacyand legal action that aim to ensureimmediate and short-term remedies, aswell as long-term systemic change.Together, such actions give effect to theALP’s aim, which is to use the law todefend and advance the rights ofpeople living with HIV/AIDS.

The ALP uses litigation as a tool to holdgovernment to account in respect of itspositive obligations regarding the right

of access to health care services. Highquality research is undertaken tosupport litigation and assist inlegislative and policy development.Professional lawyers and paralegalsprovide quality legal advice andlitigation services to people who haveexperienced unfair discrimination, aswell as to individuals and organizationsworking to advance the rights of peopleliving with HIV/AIDS.

Towards the end of 2003 the ALPembarked on a process of internalevaluation and restructuring. Theorganization recommitted itself tolitigating cases that will have a greatpublic impact both on the judiciary andsociety generally. The objective is toextend the benefits of legal action fromthe individual or group that initiates itto as many people as possible.

In 2004 the ALP will restructure itselfaround two main units. They are theHIV Law and Policy Unit and the Law

introduction

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and Treatment Access Unit. Despitehaving two distinct areas of work, thesetwo units will also work collaborativelyon projects.

One highlight of 2003 was the receiptof the “Award for Action on HIV/AIDSand Human Rights” bestowed upon theALP by the Canadian HIV/AIDS LegalNetwork and Human Rights Watch at aceremony held in Canada and attendedby human rights advocates fromaround the world. Stephen Lewis, theUnited Nations Secretary-General’sSpecial Envoy for HIV/AIDS in Africa,was the keynote speaker. Inacknowledging the ALP Lewis said:

“It is very rare that one has theopportunity to honour an organizationthat has so effectively represented the

uprooted and disinherited in theirsociety. The people in the AIDS LawProject are a principled group ofadvocates. They forced theGovernment of South Africa to reverseitself and to champion policies that itmight never have championedotherwise.”

Such a comment from such adistinguished human rights advocateis indeed an honour.

After 10 years the ALP remains strongand committed to further challengingand addressing human rights abusesand developing measures for theeradication of discrimination, in orderto empower people living with HIV/AIDS.

http://www.hrw.org/press/2003/09/aidsaward091203.htm

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2003 saw a number of important changes in the HIV Law and Policy Unit of theALP. A process of discussion of the unit’s work commenced in April 2003 andsought to examine whether the current ways of working were still effective. Thisprocess eventually linked into a broader evaluation of the ALP that culminatedin November 2003. An important decision taken during this process was torefocus on high impact public interest cases, and to find other attorneys andlegal organizations to assist in litigating the non-impact, but important cases. Inthis regard, an extremely fruitful meeting took place with Bowman GilfillanIncorporated, a prominent private law firm. The firm has agreed to take over fourof the ALP’s cases. Should this co-operation be successful, it is hoped that similarrelationships can be formed with other law firms.

Paralegal workThe ALP recorded 415 complaints. These included telephonic requests forassistance, e-mail requests and face-to-face consultations. The ALP paralegalsgave advice on a wide range of issues, including questions relating to HIV testing,confidentiality and disclosure, insurance and workplace related discrimination,alleged willful HIV transmission and social assistance. The paralegals also dealtwith a large number of requests for information.

The paralegals conducted an outreach clinic at Helen Joseph Hospital inJohannesburg, working closely with members of the Infectious Diseases Unit,which provides services to people with HIV. The training is intended to buildcapacity within the peer support group so that they are able to provide basicadvice and information to their members and communities. A similar programmebegan at the Harriet Shezi Paediatric HIV Clinic at Chris Hani Baragwanath Hospitalin the second half of the year.

An important part of the paralegal work is the assistance that is provided to theALP’s attorneys. The paralegals have supported the legal work of the unit byconducting interviews with clients and witnesses, drafting affidavits, serving andfiling pleadings and attending court.

HIV law andpolicy unit

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1 A full account of the history of the conflict over theprovision of PEP in Mpumalanga can be found at:http://www.hrw.org/reports/2004/southafrica0304/4.htm

2 Notice of motions, press statement and affidavits areavailable at http://www.alp.org.za/view.php?file=/camps/20031205_Children.xml

Impact Litigation: major cases in2003The unit had a busy and largelysuccessful year, with several importantcases either being argued or finalizedin the courts. Unfortunately not allcases were concluded successfully, andthe ALP intends to take at least oneimportant case on appeal in 2004.

Member of the Executive Council(MEC) for Health, MpumalangaProvince v GRIPThis matter was first taken up by the ALPin 2000 on behalf of the GreaterNelspruit Rape Intervention Project(GRIP). At the time the ALP assistedGRIP to bring an urgent applicationagainst the MEC after she unilaterallylocked GRIP out of the rooms it had usedin a public hospital to provide servicesto rape survivors. Following that case, theMEC brought two other cases againstGRIP in an attempt to shut it down. Theattempts to evict GRIP from thehospital’s premises started when itbegan to assist survivors of sexualviolence to obtain antiretroviral drugs toreduce the risk of HIV transmissionfollowing rape or other forms of sexualassault. At the time, it was not part ofgovernment policy to provide thesedrugs to survivors who sought care in thepublic sector.

The case was finally settled on the 5th

of February 2003 when the MECwithdrew her case. The ALPsuccessfully defended GRIP’s right toprovide PEP to rape survivors and, aspart of the campaign to highlight themisconduct of the MEC, also filedcomplaints with the Public Protectorand the Human Rights Commission.

As part of the settlement, the MEC alsotendered to pay the costs of thelitigation.

GRIP continues to assist rape survivorsto obtain access to PEP.1

Gazi v The Minister of PublicSer vice and Administration andothersDr Gazi, a public service doctor workingin the Eastern Cape, had beendisciplined for making a derogatorycomment about the former Minister ofHealth, Dr Dlamini-Zuma, after shedeclined to provide antiretroviral drugsto pregnant women to reduce the riskof mother to child transmission. As aresult of his comments, Dr Gazi, wascalled to a disciplinary hearing andfound guilty of misconduct. He receiveda reprimand.

The application sought to review thefindings of the magistrate who foundDr Gazi guilty of misconduct, on thebasis that his constitutional right tofreedom of expression had beenviolated. The case also dealt with therights of public servants to makecomments in the best interests of theirpatients and in the public interest.

It was argued in the Pretoria High Courton the 13th and 14th of May 2003. Atthe time of writing, judgment had stillnot been handed down.....

Ex parte Nigel Redman N O;Ex parte Meyers2

During 2003, the unit took up threecases dealing with the rights of childrenwithout parents to receive medicaltreatment and HIV tests. The unit

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worked closely with the Wits PaediatricHIV Working Group, a group of healthworkers providing services to childrenin the public sector.

Prior to commencing litigation, the unitdrafted a memorandum on behalf ofthe Childrens Home Medical OutreachProject (CHOMP) on the legal andethical issues regarding HIV testing ofabandoned infants. This was intendedto assist the Department of SocialDevelopment to grapple with the legalissues associated with HIV testing. Thememorandum made recommendationsthat guidelines be developed toregulate the HIV testing of abandonedinfants. The Department agreed toestablish a task team, includingrepresentatives of the ALP and the WitsPaediatric HIV Working Group, andalthough the task team met on oneoccasion, the guidelines were notcompleted. The ALP then decided toinitiate litigation.

In the first case, the unit acted onbehalf of four orphaned children whoattended the Harriet Shezi PaediatricHIV Clinic at Chris Hani BaragwanathHospital. The clinic had raised funds toprovide antiretroviral medication to tenchildren in the context of an operationalresearch study. Permission was soughtfrom the Ethics Committee of theUniversity of the Witwatersrand for thechildren to participate in the study andit was granted on the basis thatinformed consent was sought andobtained from the parents or legalguardians of each child.

However, there was no person capableof providing legal consent in respect offour of the children. Therefore anurgent application was brought in theJohannesburg High Court, requestingthe court, as the upper guardian of allchildren, to provide consent. The orderwas granted on the June 10th 2003.

A second, similar case, concerning therights of one child to accessantiretroviral treatment, wassuccessfully brought on the 19th ofAugust 2003.

A third case, argued on the 5th ofDecember 2003, was brought on behalfof eight children who required accessto antiretroviral treatment and threewho needed to undergo HIV tests. Thecase was also brought on behalf of theWits Paediatric HIV Working Group, whorequested permission from the court totest and treat other, unnamed childrenin similar positions, by obtainingconsent from their care-givers, eventhough the law currently does notpermit this. The court ordered in favourof the children receiving treatment andHIV tests, and, importantly alsopermitted the Wits Paediatric HIVWorking Group, once they had certifiedthat treatment and/or HIV testing was

Newspaper billboard after the ALP’s successful courtapplication to allow children with no legal gardian to be testedand treated for HIV

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In its summons, the ALP pleaded thatthe disclosure made by the parties tookplace intentionally or negligently. SouthAfrican common law does not providefor a cause of action based on anegligent disclosure and thedefendants brought an exceptionagainst this aspect of the pleadings.The exception was argued on the 6th ofAugust in the Johannesburg High Courtand Judge Lewis Goldblatt found infavour of the ALP’s clients.

The main claim against the threeparties will proceed in 2004.

VRM v The Health Professions’Council of South Africa (HPCSA)3

The ALP acted on behalf of a pregnantwoman with HIV. In 1998 during herpregnancy she was tested for HIVwithout her informed consent andwithout pre- and post-test counseling.She was also not advised that therewere measures she could take to protectthe health of her unborn child.

The ALP filed a complaint about theconduct of the doctor with the HPCSA.Its Committee of Preliminary Enquirydeclined to refer the complaint to adisciplinary hearing on the groundsthat they did not believe that there wasmisconduct on the part of the doctorconcerned. The ALP brought anapplication to review this decision.

This matter was originally argued in thePretoria High Court in 2002, and theapplication was dismissed with costsby Judge Daniels. A number of issueswere raised on appeal, including theHPCSA’s argument that its guidelineson the management of HIV/AIDS,which provide for informed consent andpre-and post-test counseling, are notbinding on doctors.

3 A copy of the judgment can be found athttp://www.alp.org.za/view.php?file=/resctr/jdgmnts/20020527 jvr mvshpc.xml

in the best interests of the childconcerned, to obtain permission fromthe caregiver, in circumstances wherethere is no legal guardian present toprovide permission. Although this orderwill significantly assist in protecting therights of children who receive treatmentand care from the health workersassociated with the Wits Paediatric HIVWorking Group, it will not assistchildren in other provinces. The ALPintends to examine how this order canbe extended to other children in 2004.

X and two others v S and twoothersThe ALP is acting on behalf of threewomen with HIV who participated in aclinical trial organized through theUniversity of Pretoria and a hospital. Asa result of alleged unethical practicesthat occurred during the trial, thedefendant intervened and aninvestigation into the trial wasconducted by the University.

Later the full names of the women whoparticipated in the trial, their HIV statusand details of their personalcircumstances were included in abiography of one of the defendants.None of the women had beenapproached to give permission for theirnames and HIV status to be disclosedand none of them had in fact disclosedtheir HIV status to family members andfriends. As a result of the disclosure inthe book, all three women suffereddetrimental consequences, includingbeing evicted and threatened withassault.

The ALP has brought a case fordamages against the authors and theirpublishers based on the unlawfuldisclosure and the violation of the rightto privacy.

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The ALP appealed against the decisionand the appeal was argued on the 17th

of September 2003. In its argument,the ALP dealt with the status of theHPCSA’s guidelines for themanagement of HIV/AIDS and arguedthat the guidelines were in fact bindingon health workers. It also argued thatthe HPCSA has a duty to act in thepublic interest and that in refusing toregard the conduct of the doctor asprofessional misconduct, it had failedto meet its obligations.

Judgment was handed down on the10th of October 2003. In the judgment,the court found that the Committee ofPreliminary Enquiry was not entitled toadjudicate on complaints that raisedisputes of fact. In particular, the courtconsidered what weight the Committeewas entitled to place on the version ofthe doctors in responding tocomplaints. In cases where there aredisputes of fact, such as in this case,the Committee must refer the complaintto a disciplinary enquiry whereappropriate evidence can be led. Thejudgment represents an importantvictory for patients who wish to take upcomplaints against members of thehealth profession.

As a result of this judgment, the ALPapproached the HPCSA and requestedthat it reconsider several othercomplaints. All of these complaints had

been referred tothe Committeeof PreliminaryEnquiry andnone had beenreferred to ad i s c i p l i n a r yhearing. TheHPCSA agreedto reconsider thecomplaints.

Karen Perreira v Sr Helga’sNursery School and theBuccleuch Montessori Nurser ySchool4

The case dealtwith the rightsof children withHIV to attendnursery school.The secondr e s p o n d e n t ,the BuccleuchM o n t e s s o r iN u r s e r ySchool, hadrefused toa d m i tT h o l a k e l eNkosi, whenher fostermother, KarenP e r r e i r a ,disclosed herHIV status tothe school. Theschool indicated that it did not consideritself ready to admit children with HIV,none of its teachers having receivedany training in this regard. It also statedthat it was concerned about the risksof HIV transmission through biting,sharing of suckers and scratching ofinsect bites.

Although it was argued on behalf ofKaren Perreira that the school hadrefused to admit Tholakele, the courtfound that the school hadrecommended that the child’senrolment be deferred for at least sixmonths when she would be “past thebiting stage”. On this basis, the courtfound that the school had therefore nottaken a final decision to exclude thechild. The application was dismissedwith costs.

4 A copy of the judgment can be found athttp://www.alp.org.za/view.php?file=/resctr/jdgmnts/20040312 Bu cclJdg.xml

www.mg.co.za/Content/13.asp?ao=2872

www.suntimes.co.za/2003/09/21/new/new21.asp

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The judgment seems to suggest that itis permissible for nursery schools to usea lack of preparedness as a justificationto defer the enrolment of children withHIV. The judgment failed to give anyguidance to what nursery schools needto do to ensure that they are able toadmit children with HIV and also failedto comment on and deal with the factthat it is unreasonable for any schoolin South Africa to consider themselvesunequipped to admit children with HIVat this stage of the epidemic. Thejudgment acknowledged that theschool had raised concerns about therisks of HIV transmission through bitingbut failed to deal with thereasonableness of this fear, despite theexpert evidence adduced by the ALPthat unequivocally indicated that thereis a remote possibility that a child willcontract HIV as a result of a bite fromanother child. To date, there are norecorded cases of transmissionbetween children as a result of biting.

The ALP has decided to appeal againstthe decision and the application forleave to appeal will be argued in 2004.

Other litigationThe ALP initiated litigation in thefollowing matters in 2003:

M and another v One MilitaryM and another v One MilitaryM and another v One MilitaryM and another v One MilitaryM and another v One MilitaryHospitalHospitalHospitalHospitalHospital – the ALP clients wereundergoing fertility treatment at thehospital. As part of the programme,they were advised that they wererequired to undertake an HIV test. Oneof the clients tested HIV positive. Thedoctors dealing with the case failed todisclose the results of the HIV test tothe clients and the second client, whohad tested HIV negative, subsequentlycontracted HIV as the couple continuedto have unprotected sex. The ALP hasissued summons against the hospitalfor damages as a result of the

negligence of the hospital in failing toensure that the HIV results weredisclosed.

L and another v GaRankuwaL and another v GaRankuwaL and another v GaRankuwaL and another v GaRankuwaL and another v GaRankuwaHospital and othersHospital and othersHospital and othersHospital and othersHospital and others – the ALP’sclients are a son and his mother. Theson has a chronic renal condition thatrequired him to have a kidneytransplant and his mother agreed todonate her kidney to him. Both weretested for HIV, but the hospital failedto ascertain the results of the HIV testbefore the transplant took place. Themother has HIV and as a result of thetransplant of her kidney into her son,he has contracted HIV. The ALP hasissued summons against the hospitalfor their negligence. This case has beenreferred to Bowman GilfillanIncorporated.

Baby A v The Red Cross Children’sBaby A v The Red Cross Children’sBaby A v The Red Cross Children’sBaby A v The Red Cross Children’sBaby A v The Red Cross Children’sHospital and another –Hospital and another –Hospital and another –Hospital and another –Hospital and another – a babycontracted HIV during a period ofhospitalization; both parents havetested negative and other routes oftransmission, including through bloodtransfusions, breast feeding and sexualassault, have been excluded. Summonshas been issued against the hospital.

X v Connell Instruments –X v Connell Instruments –X v Connell Instruments –X v Connell Instruments –X v Connell Instruments – the ALP’sclient was dismissed for wearing an‘HIV-positive’ T shirt. The ALP hasinitiated an action on his behalf in theLabour Court.

Cases beforeother tribunalsCouncil for Medical Schemes:FH v Compcare Medical Scheme

The ALP acted on behalf of FH whosemembership of Compcare MedicalScheme had been terminated on thebasis that he had failed to disclose hisHIV status. FH stated that he was not

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aware of his HIV status prior to applyingfor membership of the medical scheme.A complaint was made by the ALP tothe Registrar of the Council for MedicalSchemes and a mediation hearing wasconvened on the 8th of August 2002. Ahearing took place before the Councilon the 28th of October 2002. The rulingof the Council was made available onthe 4th of November 2002 andCompcare was ordered to reinstate FHwith immediate effect and also to payout on all costs that he had incurredduring the period that he was not amember of the scheme.5 Compcareappealed to the Appeal Board of theCouncil and the appeal was argued onthe 24th of February 2003.

The Appeal Board found in favour ofFH, indicating that Compcare had failedto prove that FH had been aware of hisHIV status prior to joining the schemeand stating in its ruling that it was clearfrom the evidence that Compcare hadterminated FH’s membership when itbecame aware of his HIV status.Compcare were ordered to reinstateFH’s membership with retrospectiveeffect.

EL and BB v Discovery HealthMedical SchemeThe ALP referred a complaint to theCouncil for Medical Schemesconcerning the capping of AIDS-relatedhospitalization by Discovery HealthMedical Scheme, on the grounds thatit unfairly discriminated againstmembers with HIV/AIDS.

The Council instructed Discovery toconvene a Disputes Committee hearing,which it did on the 26th of May. To date,Discovery Health Medical Scheme hasnot yet released its ruling.

Public Health and WelfareSectoral Bargaining Council:N v The Department of Health,Mpumalanga

The ALP acted on behalf of a doctor whohad provided assistance to GRIP,another of the ALP’s clients, who in turnprovided PEP services to rape survivorswho sought care at public hospitals. TheMEC for Health attempted to preventGRIP from providing PEP to rapesurvivors.

As a result of the support offered toGRIP by Dr N, the Department of Healthunlawfully dismissed him. The ALPassisted him in challenging theconduct of the Department.

The matter was argued before theBargaining Council and the decision todismiss Dr N was upheld. The ALPassisted Dr N to appeal against thisdecision and the appeal wassuccessfully argued on the 5th ofAugust. The matter will be referred backto the Bargaining Council.

Commission for Conciliation,Mediation and Arbitration:The ALP took a number of cases to theCCMA during the year, most concerningthe rights of domestic workers. Mostwere successfully conciliated in favourof the ALP’s clients.

Legal advice:The ALP Legal Unit continues to assista number of key AIDS organizations byproviding them with legal advice on arange of issues, including internal,organizational issues.

5 A copy of the judgment can be found athttp://www.alp.org.za/view.php?file=/resctr/jdgmnts/20031030_CompOct02.xml

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A critical issue in the HIV/AIDS epidemic is the legal and human rights questionof access to essential medicines for preventing and treating HIV infection andAIDS-related illnesses. The law, both at national and international level, hasgenerally been used by governments and the pharmaceutical industry to restrictaccess to such medicines. In light of this, the Law and Treatment Access Unit(LTAU) was set up in January 2002 to address this crucial issue as well asadditional barriers that limit access to treatment for HIV/AIDS.

Since its inception, the LTAU has made numerous written and oral submissionsto Parliament, the Department of Health, other government departments andstatutory bodies on a range of health policy issues; assisted individuals andorganisations in South Africa and elsewhere with legal advice on access tomedicines; and provided legal education, advice, litigation and research servicesto a range of civil society organisations, most notably the Treatment ActionCampaign (TAC).

Access to essential medicines,medical products and diagnostic andmonitoring servicesHazel Tau and Others v GlaxoSmithKline and Boehringer IngelheimThe highlight of the LTAU’s work in 2003 was the successful conclusion ofnegotiations with two major pharmaceutical companies that will ensure betteraccess to three key antiretroviral (ARV) medicines throughout sub-Saharan Africa.The settlement agreements would not have been reached without the formalcomplaint to South Africa’s Competition Commission that the LTAU lodged inSeptember 2002 on behalf of four people living openly with HIV/AIDS, four healthcare workers, the TAC, COSATU and its affiliate CEPPWAWU.1

law and treatmentaccess unit

1 In February 2003, two further complainantsjoined – a police officer living openly with HIV/AIDS (who subsequently passed away on the16th of June 2003) and the AIDS Consortium(representing more than a thousand individualand organisational members).

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Alleging thatGlaxoSmithKline(GSK) andB o e h r i n g e rIngelheim (BI)were actingunlawfully byc h a r g i n gexcessive pricesfor certain oftheir ARVmedicines to thedetriment ofconsumers, thec o m p l a i n targued that theprices chargedby the groups fortheir essentialand life saving

medicines were directly responsible forthe premature, predictable andavoidable deaths of women, men andchildren living with HIV/AIDS.

The complaint assembled thetestimonies of people living with HIV/AIDS and health care workers who treatpeople living with HIV/AIDS. It alsoassembled a range of expert evidenceby collaborating with leading doctors,nurses, scientists, economists, lawyersand actuaries. In essence, thecomplaint showed that even whenallowance is made for the costs ofresearch and development, higherprofits, licensing fees and the incentiveto develop new drugs, the prices ofthese ARV medicines were excessive.2

On the 16th of October 2003, theCompetition Commission announcedthat it had decided to refer thecomplaint to the Competition Tribunalfor adjudication. As a result of its year-long investigation, the Commission hadfound sufficient evidence to supportthe referral on the basis of prohibitedexcessive pricing as well as two

additional grounds, both of which dealwith the failure of GSK and BI to licencegeneric manufacturers in certaincircumstances. Simply put, theCommission found that GSK and BIwere using their patent monopolies todeny appropriate licences to othermanufacturers, whilst simultaneouslykeeping their own prices high.

By December 2003, within two monthsof the Commission’s announcement,GSK and BI entered into separatesettlement agreements with thecomplainants and the Commissionrespectively.3 In short, the two groupsof companies have agreed to open upthe market for these drugs to genericcompetitors.

The matter received local andinternational attention, being a world-first in terms of the licensing of genericcompanies to supply essentialmedicines to both public and privatesectors in countries where suchmedicines are still protected by patent.

Generic Anti-retroviralProcurement Project and TACTreatment Project v BoehringerIngelheimIn a second matter dealing with theissue of access to essential medicines,the LTAU formally approached BI inSeptember 2003 on behalf of theGeneric Anti-retroviral ProcurementProject and the TAC Treatment Project,seeking non-exclusive voluntarylicences for the two not-for-profitprojects to import and distributegeneric nevirapine products.

2 The LTAU published a report on the complaint entitled“The Price of Life – Hazel Tau and Others vGlaxoSmithKline and Boehringer Ingelheim: a report onthe excessive pricing complaint to South Africa’sCompetition Commission”. The report is available inhardcopy and online at http://www.alp.org.za/view.php?file=/resctr/pubs/20030813_PriceCover.xml.

3 The settlement agreements with the ALP’s clients areavailable online at http://www.alp.org.za/view.php?file=/camps/20030910_PatRights.xml.

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ALP ANNUAL REPORT

In this case, the LTAU worked withinthe framework of patent legislation,threatening a compulsory licensingapplication in the event that thevoluntary licence requests were denied.While separate from the CompetitionCommission complaint, thecombination of the two matters helpedto bring BI to the negotiating table. ByDecember 2003, the LTAU hadsuccessfully secured royalty-freevoluntary licenses for nevirapine onbehalf of the two projects.4

While the Generic Anti-retroviralProcurement Project may only importand distribute nevirapine products toits members (not-for-profit treatmentprogrammes), the TAC TreatmentProject is able to supply individuals inneed of access, including beneficiariesof medical schemes. In addition, theTAC Treatment Project is able to importgeneric nevirapine products forpatients who receive treatment that itfunds.

Treatment Action Campaign vNational Pathology GroupEarly in 2003, the LTAU beganconsulting with key pathology industryrole-players as part of its owninvestigation into private pathologypractices. In the LTAU’s view, the privatepathology industry continues to act inanticompetitive ways that serve to limitaccess to necessary laboratorymonitoring and diagnostic services.Through its representative body, theNational Pathology Group (NPG), theindustry ensures that the high costs ofsuch services are artificiallymaintained.

With the knowledge that theCompetition Commission wasinvestigating various private health care

practices on the grounds that they wereviolating the provisions of theCompetition Act, the LTAU submitted areport in June 2003 containing the keyfindings of its investigation. BySeptember 2003 the CompetitionCommission requested that the LTAUconvert the report into an officialcomplaint.

In September 2003, LTAU lodged aformal complaint on behalf of the TACagainst the NPG. The Commission hasuntil September 2004 to conduct aninvestigation into the allegation that theNPG operates as a cartel, engaging inprohibited price fixing and otherrestrictive practices.

Operational Plan forComprehensive HIV and AIDSCare, Management andTreatment for South AfricaIn the second half of 2003, the LTAUparticipated in the development of theOperational Plan for ComprehensiveHIV and AIDS Care, Management andTreatment for South Africa in two keyways.

First, the LTAU met with senior treasuryofficials to discuss strategic options foraccessing a sustainable supply ofaffordable medicines. Following themeeting, the LTAU followed up byproviding treasury with information andlegal memoranda on the issue.

Second the LTAU participated in thedrafting of the civil society submissionto the National HIV and AIDS TreatmentTask team, working on three legalmemoranda: legal aspects of reducingdrug prices; the constitutionalrequirements for developing andimplementing a treatment plan; andinformed consent and patientconfidentiality. The first two of thesethree memoranda were co-drafted by4 The settlement agreement is available

online at http://www.alp.org.za/resctr/other/pdf/20031215_GSKBI4.pdf

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ALP ANNUAL REPORT

the Legal Resources Centre (LRC). TheLTAU also drafted and assisted with thedrafting of the following sections of thesubmission: drug registration andsupply; diagnostic and monitoringservices; national patient register anddata collection.

Complaint to the Counci l forMedical Schemes on SubstandardHIV/AIDS treatmentIn response to the findings of a studyconducted by the Centre for ActuarialResearch and the TAC on the provisionof HIV/AIDS benefits in MedicalSchemes, the LTAU submitted acomplaint on behalf of the TAC to theCouncil for Medical Schemes (CMS)calling for an industry-wideinvestigation into the provision ofsubstandard HIV/AIDS treatment. Thecomplaint requested that the CMSdevelops appropriate medicaltreatment protocols for use by schemes.

The CMS completed its investigationtowards the end of 2003 and will bepublishing its findings shortly. Inaddition, the CMS has used its findingsto motivate for the inclusion of ARVtreatment as a prescribed minimumbenefit (PMB) for medical schemebeneficiaries. This is likely to come intoeffect by early 2005.

Implementing the World TradeOrganization’s Declaration onthe TRIPS Agreement and PublicHealthIn terms of international law and in thelight of the Declaration on the TRIPSAgreement and Public Health adoptedby the World Trade Organisation inNovember 2001, South Africa ispermitted to make active use of existingas well as to introduce new legislativeprovisions to facilitate the early marketentry of generic essential drugs andmedical products. Such executive and

legislative actions, however, have yet tobe taken.

With this in mind, the LTAU hosted aninternational seminar in March 2003entitled “Implementing Doha,Increasing Access: Rethinking PatentLaw in the Context of a Right of Accessto Essential Medicines”. The purposeof the seminar was to:

• Explore the regulatory optionsavailable under international law toreduce the prices of essentialmedicines that are under patentprotection; and

• Explore the implications thereof forthe state’s positive constitutionalobligations in respect of the right ofaccess to health care services.

Seminar participants represented awide range of bodies, includinggovernment departments, civil societyorganisations, organised labour,academia, funders and the media.Speakers and chairpersons were alsodrawn from a diverse range of SouthAfrican bodies – including theDepartment of Trade and Industry; theMedicines Control Council; theUniversity of Durban-Westville,University of the Western Cape and theUniversity of the Witwatersrand; theTAC and the LRC – as well asinternationally from Brazil, India,Namibia and the United States.5

Holding CivilSociety toAccountAt the end of 2002, allegations ofirregularities relating to the statefunding of an organisation of peopleliving with HIV/AIDS (the NationalAssociation of People Living with HIV/

5 A copy of this report can be found at http://alp.org.za/view.php?file/camps/20030910_PatRights.xml

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ALP ANNUAL REPORT

AIDS, or NAPWA) came to the fore. In2003, the LTAU instituted its first caseunder the Promotion of Access toInformation Act (on behalf of the TAC),by submitting formal requests askingabout financial and fundinginformation relating to NAPWA as wellas government funding of NAPWA.

These requests were submitted to theDepartment of Health and NAPWA.When it was clear that neither NAPWAnor the Department of Health wereprepared to comply with the requests,the LTAU prepared legal papers toproceed against both in the High Court,seeking orders to compel them to handover the requested information.

An internal appeal against theDepartment’s initial decision to refusethe request resulted in records relatingto the information requested beingmade available to the LTAU. In light ofthis, the LTAU was instructed by the TACnot to proceed with the legal case.Instead, the LTAU compiled a dossierand report of its findings, largely basedon the documents accessed throughthe Department, for the purposes of asubmission to the Auditor General. Atthe time of writing, the submission hadnot yet been made.

Legislation andpolicy watchThe LTAU participated in threeimportant legislative and policyprocesses in 2003.

In February, in collaboration with theALP’s HIV Law and Policy Unit, the LTAUdrafted a submission on theCompulsory HIV Testing of AllegedSexual Offenders Bill.6

In June, the LTAU drafted a writtensubmission and participated in thePortfolio Committee on SocialDevelopment’s public hearings on thesocial development aspects of theReport of the Committee of Inquiry intoa Comprehensive System Of SocialSecurity for South Africa.

In June 2003 government published itsNational Health Bill. The LTAU made anextensive written submission on the billas well as making an oral presentationto Parliament’s Health portfoliocommittee.7

Opinions,memoranda andlegal adviceAside from the various legal opinionsand memoranda drafted in preparationfor legal action, the LTAU continued in2003 to provide an advisory service toa range of organizations and bodies,including the Medicines ControlCouncil, the TAC, the TAC TreatmentProject, the Generic Anti-retroviralProcurement Project, the TerrenceHiggins Trust and Oxfam GB.

In addition, the LTAU continued toprovide legal advice on treatment-related matters to a range of individualsand companies. In particular, the LTAUadvised and assisted on variousaspects of workplace treatmentprogrammes, medical schemes matters(including limits on AIDS-relatedhospitalisation, condition-specificwaiting periods and the extent of HIV-related benefits) and overcomingobstacles in the way of accessingcheaper generic medicines.

6 A copy of this submission can be foundat http://www.alp.org.za/view.php?file=/restr/subs/20030328_SOB.xml

7 A copy is available at http://www.alp.org.za/view.php?file=/resctr/subs/2002028 subnhbl.xml

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Regional andInternationalWorkThe LTAU concentrated on two areas ofregional and international work.

The LTAU met with Xavier Carim (SouthAfrica’s chief trade negotiator) todiscuss the potential implications ofthe United States/Southern AfricanCustoms Union Free Trade Agreementnegotiations for access to essentialmedicines and health care servicesmore broadly. In addition, the LTAUbegan work on producing amemorandum detailing the concerns ofthe LTAU and the TAC in this regard.

The unit also advised the Canadian HIV/AIDS Legal Network (CHALN) on itsapproach to the amendment ofCanadian patent law regarding accessto generic medicines for developingcountries. In addition, the LTAU drafteda press release welcoming theCanadian government’s commitment toincreasing access to essentialmedicines, and participated in a pressteleconference with Médecins SansFrontières and the CHALN.

The LTAU also participated in theCHALN/ICASO/ALP expert consultationin Montreal (Canada) entitled “HIVtreatments, vaccines and microbicides:developing an agenda for action”, aswell as a number of regional trainingand advocacy workshops on legalaspects of access to treatment for HIV/AIDS.

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advocacy,research andpublic education

sectors at NEDLAC had reachedagreement on the text, governmentrefused to return to the negotiationsbefore a Cabinet decision had beentaken on the use of ARV medicines. Thisstymied the NEDLAC process for manymonths, with meetings only resumingin June 2003.

The deadlock over a Treatment Plan ledto a political conflict between the TACand government dominating the earlypart of 2003. On the opening day ofParliament, the 14th of February 2003,TAC led an historic march of 15 000people to Parliament, calling on peopleto ‘Stand Up for Our Lives’. On the 21st

of March 2003, Human Rights Day, TACwas forced to launch its ‘CivilDisobedience’ campaign. The ALP lentits support to both of these activities;ALP members joined the ‘treatmenttrain’ taking activists to Cape Town fromJohannesburg and in February andMarch, the ALP presented trainingworkshops on the basic tenets andphilosophy that underlie civildisobedience and non-violent socialchange. ALP lawyers also trained TACactivists in Gauteng about their legalrights in the event of being arrested ondemonstrations. On the days of civildisobedience demonstrations, the ALPhad lawyers on stand-by to assist thedemonstrators if needed.

The campaign for aNational Treatment Planand access toantiretroviral treatmentDuring 2003, the ALP continued itswork promoting and protecting thehuman rights of people with HIVthrough research and advocacy. TheALP’s human rights advocacy coverednumerous issues but, as in previousyears, there was a particular focus oncampaigning for a comprehensiveresponse to the HIV epidemic thatincluded access to ARV treatment forpeople with AIDS. This involved acontinued close collaboration with theTAC throughout the year.

The ALP’s 2002 annual report spokepositively about the developments atthe end of 2002 and, in particular, theprocess taking place within theNational Economic Development andLabour Council (NEDLAC) to draft a“Framework Agreement for a Nationaltreatment and prevention plan”agreement between business, labour,government and communities.Unfortunately, 2003 began with anunnecessary controversy over the statusof this agreement, with President Mbekiand the Minister of Health initiallydenying that there was a document atall. Although by February 2003 thebusiness, labour and community

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The TAC civil disobedience campaignlasted from March to April 2003 andinvolved a number of high-profile butdisciplined demonstrations. Despitethe USA’s war against Iraq dominatingmedia, it led to a national debate onthe issue of ARV treatment anddemonstrably elicited broad publicsupport for TAC’s demands. In mid-April, the campaign was suspendedafter a meeting between TAC leadersand the Deputy President, JacobZuma. This led to a meeting betweenTAC and six Ministers who aremembers of the South AfricanNational AIDS Council (SANAC) in June2003, and a promise by the Ministersof urgent resolution of the issue of anantiretroviral treatment programme.

This promise was kept in August2003, when the Cabinet publishedthe report of a joint task team of theHealth Department and the Treasury,which had been set up as a result ofthe NEDLAC process, andrecommended the speedyintroduction of an ARV treatmentprogramme in South Africa. Soon afterthis, the ALP co-ordinated the researchand writing of a civil society ‘shadowreport’, making a number of concreteproposals to the government on thedetail of implementation. Thisincluded a number of papersprepared by the ALP.1 In the final‘Operational Plan’ which waspublished by the government inNovember 2003, as well as in theHealth/Treasury report, it seemed asif the South African government hadabsorbed the lessons of the litigationover the provision of services to preventmother-to-child HIV transmission andwas now more sensitive to fashioningpublic policy on access to health carethat directly takes account of its legalduties and the decision of theConstitutional Court in the TAC case.

Applied research and advocacy:Children, PEP and InsuranceThe ALP conducts a great deal ofresearch. Some of this is published inacademic journals and presented atconferences. For example, at the firstSouth African AIDS conference, held inJuly 2003, four ALP staff had abstractsaccepted and made oral presentationsat the session on law and humanrights. However most of the ALP’sresearch is immediately applied tosupport advocacy around policies,legislation and emerging issues. Thus,in addition to treatment advocacy,throughout the year the ALP continuedto be involved in a range of other legaland human rights issues.

Some of these are described brieflybelow:

• Children’s rights:Children’s rights:Children’s rights:Children’s rights:Children’s rights: The growingnumber of deaths of parents due toHIV/AIDS has led to the issue ofchildren’s rights and needsassuming more importance. As aresult the ALP began advocacyaround the need for a better policyallowing bona fide care-givers toconsent for HIV testing andtreatment of children without legalguardians. This led to both litigation(see HIV Law and Policy Unit report)as well as collaboration with thenational Departments of SocialDevelopment and Health on thedrafting of guidelines.2

• PEP for rape survivors:PEP for rape survivors:PEP for rape survivors:PEP for rape survivors:PEP for rape survivors: The ALPremained actively involved inmonitoring the provision of post-exposure prophylaxis (PEP) services

1 A copy of the submission can be found athttp://www.tac.org.za/Documents/FullSubmissionToTaskTeam-Draft-20030919.doc

2 A copy of the presentations can be found athttp://www.alp.org.za/view.php?file=/resctr/cpaprs/20030910_DbnConf.xml

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to survivors of a rape through thepublic health service. Before April2002, PEP was not available to rapesurvivors in the public health systemoutside the Western Cape. PEPinvolves the use of ARV medicationthat can reduce the risk ofcontracting HIV after rape or sexualassault. After a range of advocacyinitiatives and pressure from civilsociety, Cabinet announced the roll-out of PEP on the 17th of April 2002.The ALP decided to conduct a studyon the extent of roll-out of PEP inorder to assess the level and degreeof policy implementation. In May2003 findings of the extent of roll-out after 12 months were presentedat the Medical Research Council(MRC) ‘Gender-based Violence &Health Conference’. The study wasextended to include a situationalanalysis after 18 months which waspresented at the ‘ReproductiveHealth Rights Priorities’ conferencein October. The study generatedparticular interest and requests forpresentations on the topic camefrom civil society and government.40 000 additional copies of the ALPbooklet entitled “Preventing HIVafter Rape – Steps you can take toprotect your health” were printedand distributed.3 The ALP alsoassisted GenderLinks – an NGO thatfocuses on gender and the media –in their ‘PEP Talk’ campaign. Thiscampaign involved fieldworkersdoing spot-checks on the availabilityand quality of sexual assault servicesin various clinics and publichospitals throughout South Africa.An educational and informationworkshop for civil society wasconducted with the Centre for theStudy of Violence and

Reconciliation. Together- with theCSVR, the ALP has developed amanual, “Health and Hope in OurHands – Addressing HIV and AIDSin the aftermath of rape and womanabuse”. This comprehensive manualaims to strengthen service provisionto survivors of sexual violence byensuring that health care workershave access to accessible andappropriate information. Themanual locates the provision of PEPwithin a continuum of services thatshould be provided to survivors ofsexual violence and attempts toexplain the dynamics surroundingthe provision of services. The manualincludes sections on rape anddomestic violence and the mythsthat surround these crimes. The textof the manual will be finalized inearly 2004.

Mpumalanga: Mpumalanga: Mpumalanga: Mpumalanga: Mpumalanga: At the beginning of2003, the ALP and TAC had startedlitigation against the MEC for Healthin Mpumalanga, alleging that shewas acting in contempt of the courtorder in the TAC case on theprevention of mother-to-child HIVtransmission. A complaint againstthe conduct of the MEC was filedwith the Human Rights Commission.

In addition, the ALP acted in a numberof cases to defend doctors and NGOsagainst the conduct of the MEC(described more fully in the Legal Unitreport).

These actions, and the ALP’scollaboration with several investigativejournalists, turned a spotlight on themisgovernment of the HealthDepartment in this province. Thiscontributed to an investigation into therunning of the Department andeventually to the removal of MsSibongile Manana from the post ofMEC.

3 Information on PEP is available at:http://www.alp.org.za/view.php?file=/camps/20020917 cmpgnpep.xml

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· Insurance:Insurance:Insurance:Insurance:Insurance: The ALP continued toreceive cases dealing with insurance-related HIV discrimination. Althoughno cases have been taken up incourts yet, the unit has worked withthe AIDS Consortium and other civilsociety organizations to raiseawareness of key issues. A campaignprotesting HIV exclusion clauses infuneral policies led to one majorinsurer, Avbob, changing its policies.The ALP also developed apartnership with the Life Offices’Association who, at the suggestionof the ALP, agreed to publish a seriesof information advertisementsdealing with the rights of consumersin relation to HIV and insurance.These are being published monthlyin popular newspapers at a cost tothe LOA of over R1 million. The

advertisements are intended toeducate people who wish topurchase insurance products toknow and understand their rights.

Teaching, public education andwork with the mediaWhere possible, staff write up theexperience and lessons of theseengagements for articles that arepublished in a range of media. 16articles were published in 2003. Theseare listed in appendix B and many canbe found on the ALP’s web-site.

As in previous years almost all ALP staffmade public presentations on HIV/AIDS, the law and human rights. In2003, the ALP made oral presentationson aspects of its work at 276conferences, seminars and workshops.The table below breaks this down ingreater detail:

Presentations made by ALP Staff members by sectorGovernment N G O Education Religious Health Other International Total25 114 44 2 17 62 12 276

Many of these presentations are made in response to invitations requesting theALP to provide a speaker. However, in 2003 the ALP began to try to develop moresystematic training courses. Thus, in early 2003, ALP staff lectured at the Universityof the Witwatersrand’s LLB course on HIV/AIDS and the Law. In August the ALPdesigned and presented a course on ‘The politics and Law of HIV/AIDS: HumanRights and Public Responsibilities’ for African post-graduate students from 22countries, under the auspicies of the United Nations Development Programme(UNDP) and the University of SA (UNISA).

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Advocacy andHuman RightsTraining inAfrica andinternationallyThe ALP’s work, although focused onSouth Africa, is respectedinternationally. The ALP continues towork closely with UNAIDS and theWHO, sometimes providing technicalexpertise. During 2003 ALP staffpresented papers or provided trainingin the United States, Canada, Nigeria,Lesotho and Zambia.

The AIDS & Rights Alliance forSouthern Africa (ARASA)The ALP is a founding member of theAIDS & Rights Alliance for SouthernAfrica (ARASA).8 This organisationserves as a regional network that assistshuman rights activists in SouthernAfrican countries in drawing theimportant links between human rightsand HIV/AIDS, and aims to increase thecapacity of NGOs and CBOs to conductwork on HIV/AIDS and human rights.The ARASA co-ordinator is based inWindhoek, Namibia, at the AIDS LawUnit of the Legal Assistance Centre. Asteering committee made up of peoplefrom a number of Southern Africancountries plans and implementsactivities.

8 http://www./ac.org.na/arasa/

In February 2003 the ALP, AIDSConsortium and Southern African AIDSTraining Programme (SAATP) co-hosteda regional training workshop on AIDSadvocacy. This was attended by peoplefrom 10 countries in Southern Africa,and led to the development of the firstdraft of a regional Code on Gender andHIV/AIDS. In July the ALP providedtraining at an ARASA leadershipworkshop held in Johannesburg and inOctober the ALP assisted an ARASAworkshop on AIDS and human rightsthat was held in Lusaka, mainly forpeople from Zambia, Zimbabwe andMalawi.

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As a result of pressure by the ALP, the Life Officers Association (LOA) agreed toembark on a campaign to educate consumers about HIV/AIDS and insurances.Prominent adverts were placed in Sunday newspapers and dealt with a range ofissues. The ALP approved the content of each advert before publication

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The ALP puts a prime on increasing legal literacy on HIV/AIDS issues amongpeople and organizations affected by HIV/AIDS. Easy-to-read pamphlets in anumber of languages are published, as well as research reports and academicarticles.

In early 2003 the ALP undertook the publication of the third edition of the HIV/AIDS and the Law: Resource Manual. The 2001 edition of the manual wasupdated and slightly expanded. A further 3,500 copies were published in Mayand demand for the manual remains great.

publications:research andlegal literacy

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Distribution of the third edition of the AIDS and the LawResource Manual by SectorSector # donated # sold TotalLegal 17 1 18

Academic Institutions 54 25 79

Govt Departments 126 4 130

HIV NGOs 233 1 234

NGOs general 46 238 284

International NGOs 42 1 43

Trade Unions 5 0 5

Medical practitioners 2 3 5

Donor organisations 18 36 54

Business 4 119 123

Staff (Project) 19 0 19

Faith Based Organisations 5 1 6

Individuals 5 3 8

Book Stores 5 78 83

TOTAL 581 510 1091

• Pregnancy and HIV/ AIDS: Ahandbook for pregnant women,their families, and others concernedwith making health decisions in thecontext of HIV/AIDS.

In July the TAC requested the ALP todevelop a research report on the stateof traditional healers and traditionalmedicines in South Africa. This reportwas finalised in November and isavailable on the ALP website.

In 2003 work started on a manual thataims to empower a wide range of usersof the South Africa’s health system withinformation on health law and policythat will allow them to take advantageof their rights. A manual on these issueshas become all the more necessary inthe light of recent shifts in government

In August two new ALP publicationswere officially launched at the SouthAfrican AIDS Conference held inDurban. These were:

1) Gender and HIV/AIDS: A TrainingManual for Southern African Mediaand Communicators (jointpublication with Gender Links) and

2) The Price of Life: A report on theexcessive pricing complaint toSouth Africa’s CompetitionCommission (joint publication withthe TAC).1

In October two further jointpublications with the TAC werelaunched:

• HIV in our lives: A book ofinformation sheets for people livingwith HIV, support groups and clinics.

1 This report is available on the ALP website at http://www.alp.org.za/view.php?file=/resctr/pubs/20030813_PriceCover.xml

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policy regarding treatment of HIV/AIDS.A range of writers from the ALP andother organisations working in the fieldwill contribute chapters to the manual.It is envisioned that the manual will becompleted in 2004.

The ALP’s publications are providedfree on request and distributed in largequantities around the country togovernment departments, NGOs, CBOs,the private sector and learninginstitutions.

ALP publications distributed in 2003:

The ALP continues to have a very goodrelationship with both the SA andinternational media. ALP staff arefrequently interviewed on the radio andtelevision, or quoted in newspapers. Inaddition, ALP staff are often contacted

HIV/AIDS Current Law and Policy: Women, HIV and AIDS

HIV/AIDS Current Law and Policy: Your Rights in theWorkplace

HIV/AIDS Current Law and Policy: Your Rights to Healthcare

Preventing HIV after Rape

Guidelines on HIV/AIDS and the law for advice and legaloffice workers

The Price of Life: Hazel Tau and others vs GlaxoSmithKlineand Boehringer Ingelheim. A report on the excessive pricingcomplaint to South Africa’s Competition Commission

HIV in our lives: A book of information sheets for peopleliving with HIV, support and clinics

Pregnancy and HIV/ AIDS: A handbook for pregnant women,their families, and others concerned with making healthdecisions in the context of HIV/AIDS

3 400

4 410

3 680

15 760

3 870

2 820

131

74

by journalists to provide backgroundbriefings and explanations aboutissues. Staff keep a record of mediainterviews in their monthly reports.These are summarized in the table onthe following page.

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Television interviews with ALP staff

National 24

International 5

Total 29

Radio inter views with ALP staff

National 151

International 23

Total 174

Occasions when ALP staff are quoted in print media

National 126

International 29

Total 155

ALP Resource CentreDuring 2003 the ALP Resource Centremoved to bigger premises to allow forgreater access to staff members andvisitors, and to make space for theincreasing volume of materials housedby the Centre. The usual work of theResource Centre involves informationgathering and distribution, filing,maintenance as well as updating of theCentre database. The ALP website wasfurther developed. Most of the ALP’spublications, articles and researchpapers by staff members can now bedownloaded from the website.

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2003 saw the consolidation of the ALP’sadministration unit, with better internalmanagement systems beingimplemented. The appointment of aproject manager has helped tostrengthen the administration andmanagement of the ALP. The ALPintroduced an internal managementcommittee in 2003, comprising theproject head, the project manager andthe two unit heads. This committeemeets on a monthly basis, which hasalso improved communication andmanagement.

Throughout 2003, the administrationunit convened monthly staff meetingsat which staff members were able todiscuss and debate key issues affectingthe ALP as a whole. These meetingsalso afforded the various units of theproject with opportunities to provide

Projectmanagementandadministration

regular updates on current areas ofwork. In addition, the project’s twounits met on a regular basis. Minutesof all these meetings were taken.

Each ALP staff member provides amonthly report. The heads of thevarious units submit quarterly reportsto the project manager. The projectmanager compiles the reportsaccording to the specification of eachdonor. Liaising with donors and regularreporting continues to be a priority forthe project. In addition, all staffmembers are assessed at yearlyperformance appraisals in terms ofuniversity policy. Key performanceareas are identified for each staffmember and they are appraisedaccording to these areas.

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The ALP’s finances are managedaccording to the financial managementprocedures of the university. Theproject head and manager areresponsible for monitoring budgetaryexpenditure, with the projectadministrator being responsible forprocessing requests for payment andthe procuring of services. The ALPreceives support from the CALSfinancial administrator and CALSbookkeeper. An external auditor auditsthe project at the end of the financialyear. One of the areas the ALP wouldseek to strengthen in the next yearwould be the implementation of a moreefficient financial system.

The project’s restructuring andconsolidation arose out of an internalevaluation and assessment processthat began with a review meeting in thefirst half of the year, followed by a seriesof follow-up meetings, with the aim of

strengthening the project and clearlydefining the future of the ALP. Out ofthis process came the decision torestructure the ALP on the basis of twokey units – the HIV Law and Policy Unitand the Law and Treatment Access Unit– as well as to focus more attention onpublic impact legal action and toconduct research proactively to identifyemerging legal issues.

As part of the project’s restructuring,the ALP decided to rethink its approachto its paralegal work. Instead ofproviding direct legal advice services toa limited number of people, the ALPwould instead focus on capacitybuilding within university law clinicsand legal advice offices so that they arebetter able to provide legal advice andinformation on HIV/AIDS. A moredetailed plan for this programme wouldbe formulated early in 2004.

In August 2003, after years of advocacy, government announced itsintention to develop a plan to provide anti-retroviral treatment to peoplewith AIDS

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Jonathan Berger• 31 March. CIPRO/ARIPO/EPO/UKPO regional

forum on industrial property, Johannesburg.

“Implementing Doha, Increasing Access to

Essential Medicines”.

• 12 April. TAC paralegal training, Cape Town.

“Healthcare rights, social assistance and

workplace rights”.

• 30 April. AIDS Consortium training workshop,

Johannesburg. “Access to treatment as a human

right”.

• 6 May. Pharmaceuticals 2003 conference, Cape

Town. “Implementing Doha: towards an

appropriate regulatory framework”

• 8 May. Panos Southern Africa workshop,

Livingstone, Zambia. “International trade law,

patents and access to treatment”.

• 14 May. Infectious Diseases Society, Midrand.

“Access to affordable medicines for HIV:

examining the possibilities for generic

antiretroviral medication”.

• 24 May. World Bank meeting: The Role of

Generics and Local Industry in Attaining the

Millennium Development Goals in

Pharmaceuticals and Vaccines, Washington, DC,

USA. “Generic medicines policy and law: the

South African experience”.

• 10 June. World Education Ntinga/Khula

Enterprise Finance workshop: AIDS and

PRESENTATIONS AND PAPERS AT WORKSHOPS, SEMINARS ANDCONFERENCES

APPENDIX A

• 21 January. AIDS Law Project (ALP) paralegals,

University of the Witwatersrand, Johannesburg.

Training on patents and access to medicines.

• 28 January. AIDS Consortium general meeting,

Johannesburg. Briefing on Hazel Tau and Others

vs GlaxoSmithKline and Boehringer Ingelheim.

• 30 January. Peer counsellors, WITS Positive

Campaign, Johannesburg. Interactive training

session on advocacy and activism.

• 6 February. Regional HIV/AIDS Advocacy

workshop, Centurion. “International trade,

patents and access to essential medicines”.

• 6 February. Gordon Institute of Business

Science, Johannesburg. “Politics, access to

treatment and the Treatment Action Campaign

(TAC)”.

• 18 March. AIDS Law Project seminar:

Implementing Doha, Increasing Access:

rethinking patent law in the context of a right of

access to essential medicines, Johannesburg.

“Implementing Doha: what should government

be doing?”

• 25 March. Public Health 2003 Conference, Cape

Town. “Understanding health systems

development and health policy in a constitutional

context”.

• 29 March. TAC paralegal training, Cape Town.

“Role of law and human rights in the epidemic”.

appendix

3 6

ALP ANNUAL REPORT

Enterprise Development: Confronting

the Challenge, Johannesburg. “NEDLAC

Framework Agreement on a National

Prevention and Treatment Plan on HIV/

AIDS”.

• 3 July. TAC stakeholders’ briefing

meeting, Johannesburg. Report back on

SANAC, NEDLAC, civil disobedience and

Hazel Tau and Others vs

GlaxoSmithKline and Boehringer

Ingelheim.

• 4 July. Annual Labour Law Conference,

Johannesburg. “Workplace HIV/AIDS

treatment programmes: what are the

legal issues that arise?”

• 11 July. School of Public Health,

University of Pretoria, Pretoria.

“Understanding Public Health Policy and

Health Systems Development within a

Constitutional Framework”.

• 19 July. TAC Gauteng Provincial

Congress, Vaal. Facilitated commission

on the TAC constitution.

• 29 July. AIDS Consortium general

meeting, Johannesburg. Report back on

NEDLAC, possible deregistration of

nevirapine and the treatment plan.

• 30 July. AIDS and Rights Alliance of

Southern Africa (ARASA) workshop:

training of trainers, Johannesburg.

“International trade, patents and access

to treatment for HIV/AIDS”.

• 2 August. TAC National Congress,

Durban. Proposed amendments to the

TAC Constitution.

• 4 August. South African AIDS

Conference, Durban. “Using the law to

increase access to treatment: Hazel Tau

and Others vs GlaxoSmithKline and

Boehringer Ingelheim”.

• 16 August. TAC paralegal training, Cape

Town. “Providing paralegal services”.

• 21 August. UNISA/UNDP winter school,

Johannesburg. “Access to treatment for

HIV/AIDS”.

• 29 August. Centre for the Study of AIDS,

University of Pretoria, Pretoria. “Using

the law to increase access to treatment:



Ingelheim”.

• 1 September. University of the

Witwatersrand School of Public Health:

Masters of Public Health students,

Johannesburg. “Implications of the

Constitution for Public Health Policy”

• 6 September. TAC Leadership School,

Cape Town. “The World Trade

Organization and the TRIPS Agreement”.

• 15 October. Briefing for People to People

International, University of the

Witwatersrand, Johannesburg. “Work of

the LTAU”.

• 20 October. Canadian HIV/AIDS Legal

Network & MSF Canada press

conference (via teleconference).

“Amendments to the Canadian Patent

Act implementing the August 30th WTO

decision on generic medicines”.

• 28 October. Workshop for Health-e News

Service reporters and editor, Cape Town.

“Access to essential medicines”.

• 5 November. TAC Treatment Project,

Johannesburg. “Work of the TAC

Treatment Project Gauteng Selection

Committee”.

• 14 November. University of the

Witwatersrand, Johannesburg. Proposed

settlements in Hazel Tau and Others vs


Ingelheim. Complainants in Hazel Tau

and Others vs GlaxoSmithKline and

Boehringer Ingelheim.

• 19 November. McGill University,

Montreal, Canada. “Politics, access to

treatment and TAC”.

• 21 November. Faculty of Law, University

of Toronto, Canada. “The Price of Life: A

Legal Challenge to the Cost of

Antiretroviral Therapies in South Africa”.

LieslGerntholtz• 21 January. Central Methodist Church,

Johannesburg. “HIV and Education”.

• 30 January. Centre for Palliative

Learning, Johannesburg. “HIV and the

workplace”.

• 25 February. AIDS Consortium,

Johannesburg, “HIV testing and

disclosure”.

• 7 March. University of the Witwatersrand

Law Students, Johannesburg. “The TAC

judgement”.

• 10 March. Gender Links, Johannesburg.

“Gender, HIV and human rights”.

• 20 April. CSVR and ALP, Johannesburg.

“Provision of PEP to rape survivors”.

• 23 April. St Matthew’s School, Soweto.

“The work of the ALP”.

• 9 May. Gender Links, Botswana. “HIV,

gender and the media”.

• 14 May. Soul City, Johannesburg.

“Update on HIV and the law”.

• 11 June. CSVR and ALP, Pretoria. PEP

manual workshop.

• 24 June. Youth Power, Kagiso. “Children

and HIV”.

• 27 June. Ethics Committee, University

of the Witwatersrand, Johannesburg.

“Informed consent for orphans”.

• 27 August. Parklane Clinic,

Johannesburg. “HIV and gender”.

• 2 September. Department of Bioethics,

University of the Witwatersrand,

Johannesburg. “PEP”.

• 25 September. Departments of Health

and Social Development, Pretoria.

“Informed consent for children”.

• 12 November. Children’s homes, Soweto.

“Consent and HIV testing”.

• 18 November. Metropolitan Life,

Johannesburg. “New development in the

workplace”.

3 7

ALP ANNUAL REPORT

• 27 November. HIV Clinicians Society.

“Overview of legal developments”.

Chloe Hardy• 12 March 2003. AIDS Legal Network

training for Mpumalanga stakeholders,

Witbank. “HIV and insurance” and “The

right to health”.

• 14 March 2003. Rape Crisis Centre at

Leratong Hospital, Kagiso. “Legal issues

concerning counselling for PEP”.

• 27 March 2003. Helen Joseph Hospital

HIV support group, Johannesburg. “HIV

and the law”.

• 2 April 2003. Wits Law Students LSC

HIV programme, Johannesburg. “HIV and

social security”.

• 7 April 2003. Rape Crisis, Kempton Park.

“PEP and new legislation on rape”.

• 25 April 2003. Community AIDS

Response, Johannesburg. “HIV and the

law”.

• 7 May 2003. Doctors at Helen Joseph

Hospital, Johannesburg. “Legal and

ethical issues concerning PEP”.

• 12 May 2003. AIDS Legal Network

training for Limpopo stakeholders,

Polokwane. “Access to health rights”.

• 23 – 24 June 2003. Youth Power

Conference, Kagiso. “The right to health

care” and “Making legal referrals”.

• 31 July. Rosebank Union Church,

Johannesburg. “HIV and the law regarding

domestic workers”.

• 5 August 2003. Harriet Shezi Clinic,

Chris Hani Baragwanath Hospital,

Soweto. “HIV and insurance”.

• 12 August 2003. Life Line East Rand,

Benoni. “PEP and new legislation on

sexual offences”.

• 22 August 2003. CALS Labour Project

Labour Law Up-date, Johannesburg. “HIV

in the workplace”.

• 11 September 2003. Life Line,

Johannesburg. “HIV in the workplace”.

• 30 September 2003. Harriet Shezi Clinic,


Soweto. “Social assistance grants”.

• 22 October 2003. DRAMAID,

Vereeniging. “HIV and your rights in the

workplace”.

• 11 November 2003. Township AIDS

Project training for counsellors,


• 18 November 2003. Legal Resources

Centre training for paralegals,

Johannesburg. “HIV and the law”.

FatimaHassan• 20-24 January. Women and AIDS Support

Network (WASN) Training the Trainers,

Treatment Literacy Workshop, Nyanga,

Zimbabwe. “Treatment Access - Human

Rights Issues”.

• 20-24 January. Women and AIDS Support



Zimbabwe. “The battle for treatment in

SA”.




Zimbabwe. “Legal and ethical aspects of

treatment”.




Zimbabwe. “The role of medical

professionals and volunteers in providing

treatment”.

• 25 January. Bread for the World HIV/AIDS

and Human Rights workshop on ‘Access

to Treatment’, World Social Forum (WSF),

Porte Alegre, Brazil. “Treatment Access

in Africa – the case of SA”.

• 26 January. Oxfam, Action AID, MSF AIDS

Seminar, World Social Forum, Porte

Alegre, Brazil. “The TAC and access to

treatment struggles”.

• 28 January. AIDS Consortium general

meeting, Johannesburg. Briefing on



Ingelheim.

• 6 February. Regional HIV/AIDS Advocacy

Workshop, Centurion. “Law as an

advocacy tool in SA”.

• 22 February. Evening plenary, Ditsela

Labour Law Summer School,

Braamfontein. “The role of trade unions

in the struggle for access to treatment”.

• 25 February. ESSET People’s Budget

Week Conference, Cape Town. “AIDS

Orphans – South Africa’s time bomb?”

• 17-18 March. Seminar on patent reform:

“Implementing Doha, Increasing Access:

rethinking patent law in the context of a

right of access to essential medicines”,

Johannesburg. “Competition Law and

Policy in South Africa”.

• 23 April. Globalising Resistance, Panel

discussion with Arundhati Roy, FXI, PSC,


Johannesburg. “Globalising resistance

– the struggle for treatment”.

• 13 April. Training workshop for TAC

paralegal volunteers, University of Cape

Town Branch, Cape Town. “Workplace

rights, health care rights and social

assistance”.

• 30 April. AIDS Consortium Training

workshops, Johannesburg. “Access to

Treatment and Human Rights”.

• May. IIR Pharmaceuticals Conference

2003, Cape Town. Panel discussion with

Nathan Geffen from TAC and Jonathan

Berger on access to medicines as a

human right – Implications for the

pharmaceutical industry. “The right of

access to health care services”.

3 8

ALP ANNUAL REPORT

• May. Training workshop – Institute for

the Advancement of Journalism (IAJ),

Johannesburg. “The role of the media in

relation to HIV/AIDS and the media,

reporting, confidentiality and the role of

civil society”.

• May. SAHRC round table discussion on

HIV / AIDS and Insurance, Johannesburg.

“HIV/AIDS and the Insurance Sector”.

• May. IIR Conference on Human Resource

Strategies for Managing HIV/AIDS in the

Public Sector, Johannesburg. “Ensuring

compliance with HIV/AIDS related labour

legislation”

• May. Guest Lecture, HIV/AIDS and the

Law Course, University of the

Witwatersrand Law School,

Johannesburg. “How the law and

regulatory mechanisms can be used to

bring the prices of medicines down and

increase access to medicines: the

Competition Commission case”.

• 24-25 June. Generic Medicines Market

Conference, Volkswagen Conference

Centre, Midrand. “The legalities of

introducing generic competition to

increase access to essential

medicines”.

• 28 June. Western Cape TAC Provincial

Congress, University of the Western

Cape. Facilitated Commission on the

Constitution of the TAC.

• 2-4 July. 16th Annual Labour Law

Conference 2003, Sandton. Plenary

session: ‘New issues in HIV/AIDS:

testing, the provision of ARVs and

Medical Aids’. “Medical Schemes,

Employee benefits and HIV/AIDS”.

• 4-7 August. South African National AIDS

Conference, Durban. Presented paper on

“Treat the People Now: Constitutional

Issues Relating to Access to Treatment”

(Panel discussion with Jonathan Berger,

Liesl Gerntholtz, Lisa Forman).

• 27 September. AIDC Evening meeting on

Johannesburg. “The Ins and Outs of AIDS

in South Africa”.

• 19 February. Department of Social

Development national conference on

HIV/AIDS, Midrand. “Improving access

to social grants for PWAs”.

• 26 February. SASLAW seminar,

Johannesburg. “Labour Law and HIV –

from Joy Mining to HIV”. Co-presented

with J Joni.

• 27 February. Durban Chamber of

Commerce & Industry, Durban. “The

NEDLAC Agreement and responsibilities

of business”.

• 27 February. Durban Chamber of

Commerce & Industry, Durban.

“Workplace programmes and the

challenges of treatment”.

• 27 February. Treatment Action

Campaign, KwaZulu-Natal. “Civil

disobedience”. Co-presented with M

Richter.

• 14 March. TAC Gauteng Treatment

Literacy School, Johannesburg. “Barriers

in access to essential medicines”.

• 15 March. SA Parastatal and Tertiary

Institutions (SAPTU), Pretoria. “The

challenge of HIV for trade unionists”.

• 17/18 March. ALP ‘Access to Medicines’

seminar, Johannesburg. Opening and

closing comments.

• 26 March. Rhodes University/IAJ

workshop on ‘public journalism’,

Johannesburg. “Hearing community

voices in the media”.

• 27 March. Centre for Civil Society,

University of Natal, Durban. Presented

Harold Wolpe Memorial Lecture “The

Silence of the Lions : Denialism in the

ANC and the AIDS epidemic”.

• 16 April. WISER/Department of

Sociology, University of the

Witwatersrand, Johannesburg. “The

the WTO, Cape Town. “Doha, the WTO

and Access to ARV medicines”.

• 3 September. Phantsi WTO Coalition

Teach In, Cape Town. “How ordinary

people experience the impact of the WTO”

Case studies.

• 6 September. TAC Leadership School,

Cape Town. “‘The European Union (EU)”.

• 28 October. Health-e News Service

Round Table, Cape Town. “Access to

Essential Medicines” (with Jonathan

Berger).

• 3 November. TAC Health and Districts

Development Workshop for TAC Branch

leaders, Cape Town. “The Legislative

Health Framework – Promotion of

Access to Justice and Information Acts”.

• 14 November. Briefing workshop on GSK

and BI settlement proposals in

Competition Commission case,


Johannesburg. Presented on settlement

proposals.

• 1 December. COSATU/ TAC World AIDS

Day Rally, Cape Town. “Your rights as a

worker”.

• 3 December. Basic Income Grant (BIG)

– Reducing Poverty Conference,

Johannesburg. “BIG and HIV/AIDS –

Reducing Poverty”.

• 5 December. Southern African AIDS

Training and HIVOS Conference, Harare,

Zimbabwe. “Theoretical Steps in

planning an advocacy campaign”.

MarkHeywood• 17 January. Doctors at Chris Hani

Baragwanath Hospital, Perinatal HIV

Research Unit, Soweto. “Overview of

responses to the HIV/AIDS epidemic”.

• 3 February. ALP/SAT/AIDS Consortium

Workshop, Pretoria. “Advocacy

Strategies in Southern Africa”.

• 5 February. Johnnic trainee journalists,

3 9

ALP ANNUAL REPORT

politics, economics and moral

questions around ARV treatment”.

• 24 April. American Women Health

Workers, Johannesburg. “AIDS in South

Africa”.

• 5 May. Botswana Training of Trainers,

Gender, HIV/AIDS and the media,

Gaberone, Botswana. “The epidemiology

of gender and treatment of HIV/AIDS”.

• 9 May. LLB students, University of the

Witwatersrand Law Faculty,

Johannesburg. “The PMA case and legal

issues around SA drug policy”.

• 21 May. CIDA, Canadian High

Commission staff, Pretoria. “Current

priorities and issues for funding HIV/

AIDS in South Africa”.

• 28 May. Journ-AIDS Roundtable, Cape

Town. “Legal considerations in media

reporting on HIV/AIDS”.

• 6 June. Presentation to Health Workers,


Soweto.

• 10 June. Presentation to Coca-Cola Africa

Communications & Public Affairs staff

forum, Johannesburg.

• 24 June. Gauteng Department of Social

Services, Johannesburg. “HIV, Disability

and Legal Issues”.

• 26 June. Youth Power Conference,

Johannesburg. “TAC civil disobedience

campaign”.

• 27 June. Ford Foundation HIV/AIDS

Roundtable, Johannesburg. “Advocacy

and policy”.

• 27 June. Airports Company of South

Africa, Senior Executives, Kempton Park.

“Legal issues in the workplace”.

• 4 July. Chaired plenary session on HIV,

Labour Law Conference, Johannesburg.

• 5 July. Keynote speaker at TAC Eastern

Cape Provincial Congress, Mdantsane.

• 11 July. Facilitated workshop on HIV and

workplace issues for team leaders BMW,

Pretoria.

• 18 July. Facilitated workshop on HIV and

workplace issues for team leaders for

BMW, Pretoria.

• 19 July. Keynote speaker at Gauteng TAC

Provincial Congress, Evaton.

• 27 July. Opening address at ARASA

Regional Leadership Training,

Johannesburg.

• 2 August. Presented National

Secretary’s report at TAC National

Executive Committee Meeting, Durban.

• 18 August. UNISA/UNDP course for

African post-graduate students,

Johannesburg “HIV/AIDS,

Discrimination and Human Rights”.

• 19 August. UNISA/UNDP course for

African post-graduate students,

Johannesburg. “HIV/AIDS and civil

society”.

• 20 August. Gave speech at Wits ‘Positive’

public meeting (with Khabzela, YFM DJ),

Johannesburg.

• 20 August. Foreign Affairs Institute,

Pretoria. “HIV/AIDS in South Africa,

perspective of an activist”.

• 28 August. Department of Social

Development, Pretoria. “HIV and Children

with Legal Guardians”. Co-presented with

L Gerntholtz.

• 6 September. Gauteng Midwives

Association, Krugersdorp. “HIV/AIDS and

Treatment”.

• 10 September. Gauteng Social Services

Department/ CRC workshop,

Johannesburg. “HIV and the law regarding

children”.

• 19 September. Department of Health ARV

Task Team and Clinton Foundation,

Pretoria. Civil Society submission.

• 26 September. CALS/Community Law

Centre Seminar, Johannesburg. “Public

Impact Litigation – Lessons and Tips”.

• 30 September. ‘Opening Remarks’ to

TAC/Traditional Healers Organisation

workshop on shared strategies.

• 1 October. Action Aid International,

Johannesburg. “Work of the ALP and

TAC”.

• 2 October. Planning workshop for HIV/

AIDS, Health Economics & Research

Division (HEARD), University of Natal,

Durban. Facilitated day on legal issues

linked to HIV/AIDS.

• 7 October. TAC NEC, Johannesburg.

Presented report on settlement talks

with GSK.

• 10 October. Doctors and nurses from

Northwest Province Department of

Health, Klerksdorp. “Rolling out ARV

treatment – Human Rights Issues”.

• 15 October. University of Pretoria

workshop on ‘Litigating Children’s

Rights’, Pretoria. “Public impact

litigation”.

• 22 October. Conference on Corporate

Strategic Responses to HIV/AIDS,

Johannesburg. “Legal issues in the

workplace”.

• 23 October. Inwent Southern Africa

Seminar, Durban. “Implementing HIV

programmes in the workplace”.

• 29 October. COSATU, Johannesburg.

Panellist on Gender Studies debate re

‘Achievements after 10 years of

government’.

• 13 November. CALS Conference,

Johannesburg. “TAC’s Legal Strategy”.

• 25 November. COSATU Central Executive

Committee, Johannesburg. Settlement

proposals in Tau v GlaxoSmithKline and

Boehringer Ingelheim.

• 27 November. Durban Chamber of

Commerce HIV/AIDS Symposium,

Durban. “ARVs in the Workplace”.

• 3 December. British Embassy and DFID,

Pretoria. Overview of the AIDS situation,

politics and treatment plan.

• 5 December. DCI Lesotho, Lesotho

Government and NGOs, Maseru,

Lesotho. Training programme on key

aspects of HIV/AIDS.

4 0

ALP ANNUAL REPORT

Jennifer Joni• 17 January. Johannesburg Development

Agency, Johannesburg. “HIV in the

workplace – Development of HIV

workplace policies”.

• 21 January. TAC Peer Educators, TAC JHB

office, Johannesburg. “HIV and the law,”

• 22 January. ALP paralegal interns,



• 6 February. US Peace Corp volunteers,

Mogwase, Sun City. “HIV and the Law”.

• 13 February. Managers of International

Health Distributors (IHD), Johannesburg.

“HIV in the workplace”.

• 26 February. SASLAW Seminar,

Johannesburg. “HIV testing in the

workplace”.

• 28 February. Bronkhorstspruit Netcare

Hospital Health Care workers,

Mpumalanga. “Confidentiality & HIV

testing”.

• 1 March. Bambanani Support group

members, Residencia, Vaal Triangle.

“Confidentiality and disclosure”.

• 6 March. Senior management at IHD,


• 15 March. Health care workers at

Garden City Clinic, Johannesburg.

“Confidentiality and HIV testing”.

• 27 March. Annual Inhouse Legal

Congress on HIV in the workplace,

Rosebank, Johannesburg. “In-house

legal counsel’s legal obligations towards

employees living with HIV/AIDS”.

• 29 April. De Beers Venetia Mine, Mosina,

Northern Province. “HIV in the

Workplace”.

• 10 May. Bambanani Support Group

members, Sebokeng, Vaal Triangle.

“Confidentiality and disclosure”.

• 30 May. Team leaders at BMW SA,

Rosslyn, Pretoria. “HIV in the workplace”.

• 6 June. Team leaders at BMW SA,




• 23 June. Presentation to representatives

from various NGOs in Kroonstad on HIV

in the workplace, Kroonstad, Orange Free

State.

• 26 June. Johannesburg. Presentation

to employees of the AIDS Charities

Foundation. “HIV in the workplace-

development of HIV policies”.



TebohoKekana• 28 January. DENOSA, Pretoria. “HIV/

AIDS and legal issues”.

• 3-7 February. AC/ALP/SAT regional

training, Pretoria. “Elements of an

advocacy strategy”.

• 3 March. Matho-Mayo Development

Information, Education and

Communication. “Women’s rights in

relation to HIV/AIDS and abuse”.

• 4 March. VSO. “Women and HIV/AIDS”.

• 7 March. Population Unit Uniwest.

“Population development and HIV/AIDS”.

• 9 April. National Union of Mineworkers,

Johannesburg. “HIV/AIDS and legal

issues”.

• 12 May. CARE International,

Johannesburg. “TAC Advocacy work”.

• 23-25 June. Youth Power, Johannesburg.

“Brainstorming on HIV/AIDS and law,

confidentiality and disclosure”.

• 4 July. BMW, Pretoria. “Impact of HIV/

AIDS in business and how to plan as a

team-leader”.

• 25 July. BMW, Pretoria. “Impact of HIV/

AIDS in business and how to plan as a

team -leader”.

• 2 October. HIV Clinicians’ Society,

Johannesburg. “HIV/AIDS and ethics”.

MananaMadiba• 29 May. Kendal Power Station, Witbank.

“HIV/AIDS and the law in the workplace”.

• 25 June. Youth Power, Kagiso. “Social

Assistance”.

• 11 September. Lifeline, Braamfontein.

“HIV/AIDS and the law in the workplace”.

• 11 November. Township AIDS Project,

Braamfontein. “Rights to Healthcare”.

• 25 November. Harriet Shezi Children’s

Clinic, Chris Hani Baragwanath Hospital,

Soweto. “Rights to Healthcare”.

TebohoMotebele• 27 January. ALP Paralegals,

Johannesburg. “HIV, Insurance &

Medical Aid”.

• 28 January. NEDCOR (on behalf of HIV

Management Solutions), Johannesburg.

“HIV & Employment”.

• 10, 13 & 19 February. NEDCOR (on

behalf of HIV Management Solutions),

Johannesburg. “HIV & Employment”.

• 10 March. Eskom, Johannesburg. “HIV

& Human Rights”.

• 14 March. NEDCOR (on behalf of HIV



• 7 & 11 April. NEDCOR (on behalf of HIV



• 25 April. JOHNNIC Media House (on

behalf of HIV Management Solutions),


• 11,13, 23 June. NEDCOR (on behalf of

HIV Management Solutions),


• 25 June. Youth Power, Johannesburg.

“HIV and Insurance”.

4 1

ALP ANNUAL REPORT

• 8 & 17 July. NEDCOR (on behalf of



• 9 July. University of the Witwatersrand,

Johannesburg. “HIV & Human Rights”.

• 5 August. Oxygen For Life (Pty) Ltd,

Johannesburg. “HIV Workplace Policy”.

• 26 August. Eskom, Johannesburg. “HIV

in the Workplace”.

• 28 August. Paralegals (ALP & TAC),

Johannesburg. “HIV & Workplace

Issues”.

• 3 & 4 September. NEDCOR (on behalf of


Johannesburg. “HIV/AIDS &

Employment”.

• 27 November. Vista University, Pretoria.

“HIV & the Law”.

• 4 December. Vista University, Pretoria.

“HIV & the Law”.

Marlise Richter• 15 January. Department of Health,

Pretoria. “AIDS Discrimination”.

• 20 January. ALP Paralegal Interns,


Johannesburg. “AIDS discrimination”

• 5 February. ALP/AIDS Consortium/SAT

Advocacy Workshop, Centurion.

“Role of law in discrimination”.

• 5 February. ALP/AIDS Consortium/SAT

Advocacy Workshop, Centurion. “Civil

Disobedience: History, Philosophy &

Strategies”.

• 13 February. Treatment Action Campaign

train, Johannesburg, Cape Town.

“Philosophy and Principles underlying

Civil Disobedience”.

• 23 February. TAC, Cape Town. “Philosophy

and Principles underlying Civil

Disobedience”.

• 28 February. TAC, Durban. “Philosophy

and Principles underlying Civil

Disobedience”

• 3 March. School of Practical Excellence,

Johannesburg. “Management of HIV/

AIDS in Programmes”.

• 11 March. TAC Gauteng, Johannesburg.

“Philosophy and Principles underlying

Civil Disobedience”.

14 March. TAC Treatment Literacy,

Johannesburg. “Access to health care”.

• 28 March. “HIV/AIDS and the Law”

course at the University of the

Witwatersrand law school,

Johannesburg. “HIV/AIDS legislation in

6 SADC countries”.

• 8 April. Gender-based Violence & Health

Conference, Johannesburg. “Roll-out of

PEP services by the Department of

Health: Taking stock of the progress

made (April 2003)”.

• 8 April. Gender-based Violence & Health

Conference, Johannesburg. “Young

Women’s Access to Support services

following sexual assault or rape”.

• 12 April. CARE International,

Johannesburg. “HIV/AIDS & Human

Rights”.

• 21 April. ALP/CSVR PEP workshop,

Johannesburg. “Roll-out of PEP services

by the Department of Health: Taking

stock of the progress made (May 2003)”.

• 24 June. Youth Power, Kagiso. “HIV/AIDS

& Gender”.

• 25 June. TAC Treatment Literacy,

Krugersdorp. “HIV/AIDS and the Law”.

• 28 July. AIDS & Rights Alliance for

Southern Africa Train-the-trainer

workshop, Kempton Park. “HIV/AIDS and

Gender”.

• 4 August. South African AIDS

Conference, Durban. “Customary law,

gender and HIV/AIDS”.

• 12 August. University of Pretoria ‘Good

Governance’ course, Pretoria. “HIV/

AIDS, Human Rights & Workplace

policies”.

• 15 August. RAISA VSO, Pretoria. “HIV/

AIDS and Human Rights”.

• 19 August. UNISA/UNDP Winter School,

Johannesburg. “AIDS denialism”.

• 20 August. UNISA/UNDP Winter School,

Johannesburg. “Customary law and HIV”.

• 27 August. ALP paralegal training,


Johannesburg. “HIV/AIDS & Gender”.

• 2 September. Steve Biko Bioethics

Discussion Forum, Johannesburg. “Roll-

out of PEP services”.

• 11 September. Department of Social

Services – Sexual assault services

workshop, Johannesburg. “Roll-out of

PEP services”.

• 9 October. HURISA Human Rights Camp,

Lagos, Nigeria. “HIV/AIDS & Human

Rights”.

• 15 October. Reproductive Health Rights

Priorities conference, Johannesburg.

“Roll-out of PEP after 18-months”.

• 21 October. Department of

Environmental Affairs & Tourism,

Johannesburg. “The South African Legal

Framework on HIV/AIDS”.

• 23 October. ARASA/ZARAN workshop,

Lusaka, Zambia. “HIV/AIDS and Human

Rights”.


Lusaka, Zambia. “HIV/AIDS and legal

frameworks”.


Lusaka, Zambia. “Civil Society and

Advocacy skills”.

• 3 November. GenderLinks Workshop on

Media and Gender, Johannesburg. “PEP

roll-out after 18 months”.

• 20 November. GenderLinks ‘PEP Talk’

meeting, Johannesburg. “Overview and

status of PEP in the public sector in

South Africa”.

• 26 November. Traditional Healers

Collective, Alberton. “Overview of

4 2

ALP ANNUAL REPORT

Traditional Healing in South Africa and Clinical

trials of traditional medicines”.

• 29 November. HSRC/Kellogg Foundation “HIV/

AIDS in Southern Africa” Colloquium,

Johannesburg. “HIV/AIDS legislation in 6 SADC

countries”.

• 29 November. Gauteng, Johannesburg.

Department of Health “Extent of PEP roll-out after

18 months”.

• 30 November. UNOHCHR, Pretoria. “HIV/AIDS

legislation in 6 SADC countries”.

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ALP ANNUAL REPORT

PARLIAMENTARY SUBMISSIONS AND BRIEFINGS

APPENDIX B

Jonathan Berger• 6 February. Compulsory HIV Testing of Alleged

Sexual Offenders Bill. Co-drafted submission

(with Liesl Gerntholtz and Marlise Richter)

• 21 February. Briefing on HIV/AIDS: Portfolio

Committee on Health, Cape Town. Work of the

Law & Treatment Access Unit (LTAU) (with Fatima

Hassan and Teboho Motebele).

• 4 June. Report of the Committee of Inquiry into a

Comprehensive System Of Social Security for

South Africa. Drafted submission on the social

development aspects of the report (on behalf of

the ALP and TAC).

• 31 July. National Health Bill. Drafted submission

(on behalf of the ALP and TAC).

• 18 August. Presented joint ALP/TAC submission

to the Portfolio Committee on Health, Cape Town.

“National Health Bill”.

• 18 August. National Health Bill. Drafted edited

version of submission for public hearings (on

behalf of the ALP and TAC).

Liesl Gerntholtz• 5 February. Portfolio Committee on Justice, Cape

Town. Presented ALP submission on compulsory

HIV Testing for alleged sex offenders.

Fatima Hassan• 21 February. Briefing to Parliamentary Portfolio

Committee on Health, Parliament, Cape Town.

The history of the ALP 1993 – 2003 – The ALP

past, present and future – Successes and future

challenges (with Jonathan Berger and Teboho

Motebele).

• 10 June. Parliamentary Portfolio Committee on

Social Development - Public hearings on the

Taylor Report (Report of the Committee of Enquiry

on Comprehensive Social Security), Parliament,

Cape Town. Presented submission on behalf of

TAC/ALP.

• 22 September. Parliamentary Portfolio

Committee on Social Development Joint Civil

Society Submission on Social Security Bill, Cape

Town. Presented on HIV/AIDS section.

• Draft Social Assistance Bill. Assisted with joint

civil society submission on the Draft Social

Assistance Bill on behalf of TAC / ALP and a

number of other civil society organisations.

TebohoMotebele• 21 February. Parliamentary Health Portfolio

Committee, Cape Town. “Insurance & HIV/AIDS”

(with Jonathan Berger and Fatima Hassan).

• 8 August. Parliamentary Portfolio Committee on

Finance, Cape Town. “Discrimination against

people living with HIV/AIDS in the Insurance

Industry”.

appendicesAPPENDIX B

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ALP ANNUAL REPORT

Other10 January. TAC Treatment Project.Drafted opinion on legal issues raised bythe formation of the Project.

24 February. Medicines Control Council(MCC). Drafted opinion on copyrightissues relating to patient informationleaflets and package inserts.

8 March. Generic AntiretroviralProcurement Project (GARPP). Draftedopinion on legal implications of accessinggenerics in defiance of patent protection.

17 April. Q&A, Mail & Guardian. Draftedresponse to questions dealing with theanniversary of the April 17th 2002 CabinetStatement on HIV/AIDS.

7 July. Oxfam. Drafted briefing note forOxfam on trade and intellectual propertyissues in preparation for President Bush’svisit to South Africa

21 July. Asylum seeker in the UnitedKingdom. Drafted report on access totreatment in South Africa

2 August. Competition Commissioncomplaint: Hazel Tau and Others vGlaxoSmithKline and BoehringerIngelheim. Co-edited report entitled “ThePrice of Life” (with Mark Heywood andFatima Hassan)

30 August. National Treasury. Draftedopinion on legal options available to thestate for reducing the prices ofantiretroviral drugs.

5 September. Mail & Guardian. “WTOdrugs agreement trips up poor countries”.Drafted opinion piece on implications ofWTO’s August 30th decision regardinggeneric drugs.

8 September. Civil Society Submission onthe Operational Plan for the Rollout of anAntiretroviral Programme. Co-drafted theannexure on drug procurement for thecivil society submission to the NationalHIV and AIDS Treatment Task Team (withFatima Hassan and Geoff Budlender(Constitutional Litigation Unit, LegalResources Centre)).

29 October. Medicines and RelatedSubstances Act and Regulations. Draftedsubmission for the MCC on the parallelimportation of generic medicines (onbehalf of the TAC Treatment Project).

29 October. ThisDay. “Drugs ruling: A blowfor or against public health?” Draftedopinion piece on Competition Commissiondecision to refer excessive pricingcomplaint to the Competition Tribunal foradjudication.

Jonathan Berger

PUBLICATIONS BY STAFF MEMBERS


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appendicesAPPENDIX C

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ALP ANNUAL REPORT

17 December. ThisDay. “AIDSdrugs for the price of a cup ofcoffee”. Drafted opinion piece onimplications of settlementagreements reached in Hazel Tauand Others v GlaxoSmithKline andBoehringer Ingelheim (co-authoredwith Fatima Hassan).

LieslGerntholtzAcademic“HIV testing and treatment andAIDS orphans”, ESR Review, Vol 4no, 3. September 2003.

Other“HIV/AIDS, children and theBuccleuch Montessori NurserySchool Case - where to fromhere?” The Teacher, October2003.

Homes Medical Outreach Projecton “Legal and Ethical issuessurrounding HIV testing ofAbandoned Infants - the need forgovernment .guidelines” - preparedin June.

“Gender violence and HIV/AIDS”and “Gender, human rights andHIV/AIDS” in “Gender and HIV/AIDS Training Manual for SouthernAfrican Media andCommunicators”.

FatimaHassanOtherMarch. The South AfricanCompetition Commission Case:Hazel Tau and Others vGlaxoSmithKline SA (Pty) Ltd andOthers”, Canadian HIV/AIDS Policyand Law Review (with JonathanBerger).

July. The Price of Life. Booklet onthe Competition Commission

complaint lodged by Hazel Tau andothers against GSK and BI (Co-edited with Jonathan Berger andMark Heywood).

November. Submitted first draft:The role of the amicus curiae inConstitutional jurisprudence. ForConstitutional Law in South Africa,Chaskelson et al Ed.

17 December. This Day. “AIDSdrugs for the price of a cup ofcoffee”. Implications of settlementagreements reached in Hazel Tauand Others v GlaxoSmithKline andBoehringer Ingelheim (co-authoredwith Jonathan Berger).

Access to Information.Memorandum of legal optionsavailable to the TAC re allegationsof mismanagement of funds byNAPWA.

Access to Information.Memorandum on Access toInformation Act and requests byTAC relating to mismanagement offunds by NAPWA.

Private pathology practices.Submission to the CompetitionCommission of South Africaregarding private pathologypractices and the role of theNational Pathology Group (NPG).

Civil Society Submission on theOperational Plan for the Rollout ofan Antiretroviral Programme. Co-drafted annexures onconstitutional law; drugprocurement; confidentiality andpatient information systems forthe civil society submission to theNational HIV and AIDS TreatmentTask Team (with Jonathan Bergerand Geoff Budlender(Constitutional Litigation Unit, LegalResources Centre)).

MarkHeywoodAcademicContempt or Compliance? The TACcase after the Constitutional Courtjudgment, ESCR Review, 4: 1,March 2003.

Preventing Mother to Child HIVTransmission in South Africa:Background, Strategies andOutcomes of the TAC case againstthe Minister of Health, SouthAfrican Journal on Human Rights,Vol 19 part 2, 2003.

AIDS Analysis Africa, Vol 14 (4) Dec2003/Jan 2004. “TAC Builds CivilSociety Support for a SuccessfulARV roll-out”.

Other13 February. Business Day op edarticle. “Treatment frameworkmust be signed”.

March. “Policy and law around HIV/AIDS and human rights”. WitsAlumni.

23 March. Sunday Times op edarticle. “The right to be angry”.

6 April. Sunday Tribune op edarticle. “The Silence of the Lions”.

8 April. The Star op ed article. “Thedeath of Kebareng Moketsi”.

16 May, Op ed in the Sowetan,“TAC Story Hogwash”.

May. New introduction for 3rd

edition of HIV/AIDS and the LawResource Manual.

June. Wrote draft SADC Heads ofGovernment Declaration on HIV/AIDS.

Case Study 11, ‘South Africa: TheTAC case and the Right toMedicines’ interview in ‘LitigatingEconomic, Social and CulturalRights: Achievements, Challenges

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ALP ANNUAL REPORT

and Strategies’, Centre on HousingRights and Evictions, Geneva.

Co-edited, ‘The Price of Life’, ALP/TAC Publication.

Co-edited ‘HIV in Our Lives’, ALP/TAC publication.

Chapter introduction and 5 re-printed articles from past editionsof AIDS Analysis Africa in StillEverybody’s Business, theEnlightening Truth about AIDS,Metropolitan Group, November.

March. Wrote TAC briefing on theCivil Disobedience campaign, ‘Dyingfor Treatment’.

May. Wrote TAC memo for Growthand Development Summit (GDS).

July. Wrote National Secretary’sreport for TAC National Congress.

September. Wrote memo on dutiesof employers to employees on ARVtreatment in the event of dismissalor resignation (assisted by L ieslGerntholtz and Jonathon Berger).

September. Edited and co-ordinated TAC submission on a‘Peoples’ ARV programme’ to Deptof Health ARV Task Team.

October. Wrote ALP memo onissues related to HIV testing ofchildren and privacy for HIVClinicians Society Paediatricdiscussion group (with LieslGerntholtz)

December. Wrote memo forSANAC on operational plan for Lawand Human Rights sector in 2004.

Jennifer JoniAcademicApril 2003. Case note on Irvin &Johnson v Trawler & Line FishingUnion & Others (2003) 24 ILJ 771-773.

June/July. HIV testing in the

workplace: developments since theimplementation of theEmployment Equity Act. LabourLaw Updates.

OtherJune. HIV testing in the workplace-Legal obligations towardsemployees living with HIV. ShieldMagazine.

TebohoMotebeleAcademicOctober. “Medical Aid Schemes,HIV Status and Material Nondisclosure”. South African MedicalJournal.

OtherJuly. “HIV & Insurance – DiscussionDocument”.

Marlise RichterAcademic“The UNGASS Declaration ofCommitment on HIV/AIDS: AReview of Legislation in SixSouthern African countries”Canadian HIV/AIDS Policy & LawReview Vol.8, No.1, April 2003.

“Medical aid schemes, HIV statusand ‘material non-disclosure”South African Medical JournalVol.93, No.10, October 2003 (co-authored with Teboho Motebele).

February. The South African LawCommission report on“Compulsory HIV Testing of Personsin Sexual Offences Cases”.

June. “Combat, stress and HIV;Psycho-neurology andImmunology”.

Other“Traditional Medicines andTraditional Healers in South Africa”.Discussion Paper prepared for theTreatment Action Campaign and

the AIDS Law Project, 27November.

“Roll-out of PEP services by theDepartment of Health: TakingStock of the Progress One Year on”Women Health Project ReviewWinter.

“AIDS-specific legislation in sixSouthern African countries”. AIDSAnalysis Africa Vol.13 (5) February/March.

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ALP ANNUAL REPORT

POSITIONS HELD BY ALP STAFF

appendixAPPENDIX D

Jonathan BergerMember of Gauteng SelectionCommittee, TAC Treatment Project.

Member of the board of the Lesbian andGay Equality Project.

Chloe HardyMember of the Executive Committee ofthe AIDS Consortium.

Fatima HassanElection Officer for TAC elections(overseeing election process, delegatelist, nominations, voting, volunteers andresults in collaboration with the IEC), TACNational Congress Durban (1-3 August).

Mark HeywoodTAC National Secretary (until August).

TAC National Treasurer (from August).

Member, UNAIDS Global ReferenceGroup on HIV/AIDS and Human Rights.

Member, Johannesburg AIDS Council.

Legal and Human Rights sectorrepresentative, SA National AIDS Council(from October).

Steering Committee member, AIDS andHuman Rights Alliance of Southern Africa(ARASA).

Board member, Amandla AIDS AdvisoryFund.

Member Wits HIV/AIDS ResearchInstitute Steering Committee.

Wits HIV/AIDS and Human Rights“Research Champion”.

Jennifer JoniExecutive Committee Member, AIDSConsortium (Until February 2003)

Member of the Trade Union Task Team(Solidarity Centre) (Until June 2003)

Member of the South Africa Society ofLabour law (SASLAW) (Until June 2003)

Marlise RichterNational Reference group of theSiyam’kela Stigma Project.

Advisory member of the CanadianInstitutes of Health Research/Queen’sUniversity Project on “Transforming violentgender relations to reduce the risk of HIV/AIDS among South African young womenand girls”.

Steering Committee member, AIDS andHuman Rights Alliance of Southern Africa(ARASA).

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ALP ANNUAL REPORT

Poster presentation at the first South African AIDS Conference, Durban, August 2003


AIDS Law Project (ALP)PHYSICAL ADDRESSCentre for Applied Legal StudiesUniversity of the WitwatersrandD J Du Plessis BuildingWest CampusBraamfontein

POSTAL ADDRESSPrivate Bag 3Wits2050South Africa

Telephone: +27 11 717-8600Fax: + 27 11 403-2341Website: www.alp.org.zaE-mail: [email protected]