The Political Goals Pursued By The Applicants With This Application

  1. It is obvious that the “TAC” and the Board of the “South African Medical Association” are trying to use this Application as a political instrument to reach their goals. These goals are:
    1. Support for unsustainable claims about ARV drugs.

      The manufacturers of ARV drugs have no scientific basis to promote their drugs with the claim that they prevent or cure HIV or AIDS. Ignor ing these scientific facts, the “TAC” and the board of the “South African Medical Association” are making precisely these claims in their representations to the High Court.

      Apparently the Applicants have no scruples to hide the facts about ARVs officially provided by the manufacturers of these drugs and – instead – are making false representations to the High Court and even wrapping them in academic titles and publication lists of “pseudo-experts.” Thus, it is obvious that the Applicants are trying to instrumentalize the High Court to support their unsustainable claims.
    2. Banning of non-patentable vitamins as threat to the pharmceutical investment business with patented ARV drugs

      In a similar way, it is the obvious intention of the Applicants to outlaw vitamins and other micronutrients as effective, safe and affordable approaches to the AIDS epidemic. While micronutrients are no cure for AIDS, they can improve the quality of life and often reverse even severe symptoms of the AIDS disease. If this basic health information spreads particularly in the developing world, it will inevitably threaten the multibillion rand market of controversial ARV drugs.

      Thus, the Applicants seek to instrumentalize the High Court in order to outlaw vitamins and micronutrients as science-based, effective and safe approaches to the AIDS epidemic, and a fundamental threat to the multibillion Rand ARV market.
    3. To use a respective Court ruling for a PR Campign to disseminate false and scientifically unsustainable facts

      As it happened before, any ruling by the High Court that would essentially “approve” ARVs for the treatment of HIV and AIDS, would immediately be used by the Applicants and the pharmaceutical stakeholders to make claims that no manufacturer of ARV drugs is allowed to make due to the lack of scientific evidence of these drugs as being effective to prevent or cure HIV or AIDS.

      In a similar way, any interdict by the High Court to distribute vitamins and micronutrients to patients affected by AIDS or the scientific information about the established health benefits of micronutrients would be used by the Applicants in order to try to discredit the knowledge about the essential role of micronutrients established in every textbook of biology and biochemistry.

      It is for this reason, the possibly global implications of this Application, that I took great care in providing detailed background information about the interests associated with this litigation.