Settlement on Westville case delaying Living with AIDS # 328

KHOPOTSO: In March the AIDS Law Project and the Treatment Action Campaign postponed their case against the government aimed at forcing it to make antiretroviral medication available to prisoners. This was after Deputy President Phumzile Mlambo-Ngcuka, and the sacked Deputy Health Minister Nozizwe Madlala-Routledge, convinced the parties that the matter could be resolved without involving the courts. But progress in getting agreement on a treatment plan for prisons is painfully slow. Jonathan Berger is with the AIDS Law Project.                        

 

JONATHAN BERGER: There is a dispute between the parties as to whether or not the State is actually complying with the court order, in the first place. And in the second place whether the plan that the State has set out for the provision of antiretroviral treatment at Westville Correctional Centre complies with the requirements of the Constitution’€¦ We still believe that there are substantial deficiencies in the plan that government has put forward, and it’€™s those particular issues that have to be addressed before the case can be resolved.

 

KHOPOTSO: Berger says government’€™s proposed plan fails to offer a comprehensive package of services that has to be offered alongside antiretrovirals, as instructed by the Durban High Court.      

 

JONATHAN BERGER: Everything from access to HIV testing, to being able to access CD4 count tests timeously, to issues of nutrition, TB control, continuity of care, monitoring and evaluation ‘€“ a whole range of issues which are all integral to making sure that antiretroviral treatment can be provided in an appropriate way.    

 

KHOPOTSO: But the Director of the Department of Correctional Services’€™ HIV/AIDS Directorate, Gustav Wilson, denies the existence of any dispute.

 

GUSTAV WILSON: I wouldn’€™t say that there are unresolved issues because the issues within what we have been instructed (to do) in the order have been addressed.

 

KHOPOTSO: The sense that I am getting from speaking with various people is that there is actually a difference of understanding of what the original order actually instructed’€¦

 

GUSTAV WILSON: Now, that I’€™m not going to go into because that is a pure legal understanding.

 

KHOPOTSO: When the Deputy President suggested talks to resolve the matter out of court, she was interested in a speedy solution. But lawyers acting for the government are being accused of slowing down progress on reaching an agreement. Sources say this could be a result of a lack of understanding of AIDS treatment policy issues. But the Correctional Services’€™ Gustav Wilson denies that the department’€™s programme is inadequate.

 

GUSTAV WILSON: ARV treatment is but one aspect. The Department (would) like to emphasise that it implements a comprehensive programme (which includes)’€¦ ensuring that nutritional needs are being met; ensuring that there is care and support continuously going on; we encourage that offenders must have a buddy in terms of assisting (and) observing the taking of the treatment and treatment monitoring’€¦

 

KHOPOTSO: The AIDS Law project’€™s Jonathan Berger.

 

JONATHAN BERGER: I do think that the issues are being addressed to some extent within Westville Correctional Centre. The problem for us is that we don’€™t believe that they’€™re being addressed adequately. People are accessing HIV testing, but it is quite difficult to access testing and to access testing in time. People are getting onto treatment, but our concern is that people are getting onto treatment too late. TB is being addressed, but our concern in that regard is that it’€™s primarily about the treatment of TB and not appropriate steps to try and prevent and to contain TB within prisons. It’€™s really not a question of the issues are not being addressed at all, but that they’€™re not being addressed adequately.

 

KHOPOTSO: The ALP and TAC have submitted a frame-work plan for Westville Prison. But the Departments of Correctional Services and Health and state lawyers have yet to make their own recommendations. Meanwhile, a separate process aimed at developing a plan for HIV and AIDS in prisons, nationally, is also underway. Correctional Services, says this should be adopted before the end of the month. Data on HIV prevalence in prisons is also expected to be released at the end of this month.

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