TAC and doctors challenge Manto and Rath in court
CAPE TOWN – The Treatment Action Campaign (TAC) has fired the next salvo in its efforts to get rid of German vitamin seller Matthias Rath and hold the health minister accountable for failing to act. Legal papers lodged with the Cape High Court last Friday were made public yesterday (tues).
The TAC and the SA Medical Association have joined forces, citing 12 respondents, including Rath and his helpers Professor Sam Mhlongo, David Rasnick, Alexandra Niedwicki and Anthony Brink as well as Dr Manto Tshabalala-Msimang, her Director General Thami Mseleku, Medicines Control Council chairperson Professor Peter Eagles, the Registrar of Medicines and Western Cape MEC for Health Pierre Uys.
Aside from seeking an interdict to stop Rath’s ‘illegal activities’, the TAC is asking the court to force the Minister and her Director General to take action against Rath within a month.
In response, Sibani Mngadi, spokesperson for Tshabalala-Msimang, said they did not agree with the TAC’s assertion that antiretroviral drugs are the ‘only scientifically proven intervention to reverse the course of AIDS’.
TAC Co-ordinator of Policy, Research and Communications, Nathan Geffen set out in his founding affidavit that the Rath respondents were carrying on activities which were unlawful, and place at risk the health and lives of people with Aids.
The TAC accuses the Rath respondents of selling and distributing medicines which are not registered, selling products containing scheduled substances, making false and unauthorized statements that their medicines are effective in treating or preventing Aids, conducting unauthorized and unethical clinical trials on people with Aids and making false statements that antiretrovirals are ineffective in treating Aids, and are poisonous.
‘They discourage people with Aids from taking medicines which are an essential element of an effective treatment programme,’ said the TAC.
Sipho Mthathi, TAC secretary-general, said at a media briefing yesterday (sub: Tuesday) that Rath had ‘come to our country and seen an opportunity amid the continuing denialism on the part of the health minister’.
She said Rath was exploiting the poor and desperate and that he was ‘using particularly poor black people as guinea pigs’. The TAC was linking several deaths to the ‘unlawful way in which Rath distributes his drugs’.
SAMA spokesperson Dr Mark Sonderup said they were appealing to Government to deal with the matter. ‘SAMA find it unacceptable for Matthias Rath to conduct clinical trials without ethical clearance,’ he added.
Congress of SA Trade Unions organizer Mike Louw threatened ‘further action’ if the Rath matter was not dealt with.
‘We have found that the only way that Government does listen is if we take stronger action,’ he said, declining to elaborate on what future action entailed.
‘We are appealing to the president and political leaders to end this today or get out. This could all be ended tomorrow,’ said Mthathi.
Mngadi said the health department would continue to make services available aimed at improving the health of people living with HIV and AIDS. He listed voluntary counselling and testing, nutrition (including vitamin supplementation), treatment of opportunistic infections, traditional medicine and antiretroviral drugs as such services.
‘The Department will continue to explain the advantages and difficulties associated with each of these interventions (including antiretroviral drugs) and encourage people living with HIV and AIDS to make informed choice,’ he said.
Who is suing who?
Applicants:
The Treatment Action Campaign, an activist group with over 12 000 members, that has consistently campaigned for access to affordable and quality treatment for South Africans living with HIV/Aids.
The South Africa Medical Association, a body representing doctors in South Africa.
Respondents in the Rath Camp:
Matthias Rath, a German vitamin seller who claims to have medical qualifications, but is not registered with the Health Professions Council of South Africa.
The Dr Rath Health Foundation Africa, headed by Rath.
Sam Mhlongo, a professor at the Medical University of Southern Africa and South Africa’s most outspoken dissident.
David Rasnick, an American and one of the lone dissident voices.
Alexandra Niedwicki, a foreign national and a key ‘scientist’ and participant Rath’s clinical trials.
Anthony Brink, a Rath Foundation employee and head of the Treatment Information Group.
The Treatment Information Group, a website in strategic alliance with the Dr Rath Health Foundation Africa.
Respondents in the Government camp:
Government of the Republic of South Africa, represented by health minister Dr Manto Tshabalala-Msimang.
Director General of Health, Thami Mseleku.
Chairperson, Medicines Control Council, Professor Peter Eagles.
Registrar of Medicines, a position recently vacated by Dr Humphrey Zokufa.
MEC for Health in the Western Cape, Pierre Uys.
(The TAC has indicated that no order is sought against Eagles, the Registrar or Uys, save for an order for costs in the event of them opposing the application.)
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