It's yes to Nevirapine in final blow to Dr No

The Constitutional Court on Friday denied the government leave to appeal against a High Court order compelling it to provide anti-AIDS drugs in state hospitals.

Chief Justice Arthur Chaskalson delivered the judgment, saying there was a pressing need to ensure that the loss of lives was prevented.

"The anxiety of the applicants (the Treatment Action Campaign) is understandable because one is dealing here with a deadly disease," he said.

Chaskalson said the order the Constitutional Court had made would require the government to revise its policy.

A comprehensive and co-ordinated programme was necessary to help pregnant women combat HIV, and counselling and testing facilities should be provided at hospitals and clinics.

He said doctors should be permitted to prescribe Nevirapine in consultation with the hospital superintendent.

The government has been ordered to pay the costs of the application.

The TAC brought the government to court in December last year and Pretoria High Court Judge Chris Botha made a ruling which included an order that the Minister of Health and all the provincial MECs, except the Western Cape's, extend their Nevirapine programmes beyond the existing 18 pilot sites.

On March 11, Botha allowed the government to apply to the Constitutional Court for leave to appeal against that order.

The judge also granted an execution order, which meant that the government should go ahead with the Nevirapine roll-out pending the outcome of the Constitutional Court appeal bid.

The Minister and MECs subsequently asked Botha to also allow them to apply to the Constitutional Court for leave to appeal against the execution order.

Botha refused this and granted a counter-application by the Treatment Action Campaign and two co-applicants that the order should be executed.

However, the Minister and MECs lodged an application with the Constitutional Court against both the latter order and the one of March 11.

The government was ordered by the court to roll out its anti-retroviral programme in the interim.