n Law, Democracy & Development - South African court rules on the state's obligation to prevent mother-to-child transmission of HIV : recent developments

Volume 5, Issue 2
  • ISSN : 1028-1053
  • E-ISSN: 2077-4907



On 14 December 2001 Justice Chris Botha of the Pretoria High Court found in favour of the Treatment Action Campaign. the Children's Rights Centre and paediatricians represented by Dr Saloojee against the Minister of Health and the provincial Ministers of Health on the issue of mother-to-child HIV transmission. Five days later the Minister of Health responded that they will appeal to the Constitutional Court since "this judgment could have far-reaching implications in defining our constitutional democracy and in shaping the state's responsibility for the delivery of social services" and to "clarify a constitutional and jurisdictional matter which - if left vague - could throw executive policy making into disarray and create confusion about the principle of the separation of powers (between the judiciary and the executive).

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