The Non-Profit Nature Of Our Global Health Efforts

  1. Throughout this Application, as well as in their collateral public “propaganda campaign,” the “TAC” and “SAMA” tried to create an image of me and the Dr. Rath Foundation as being profit-driven. By consistently using terms like “salesman,” “proprietor,” and other descriptions of individuals and organizations driven by profit motives, the Applicants try to deceptively suggest to the Honourable Court, as well as the public, that our advocacy work for natural health education is profit driven.
  2. By using the deceptive term “pharmaceutical proprietor” the “TAC” may want to draw attention to the fact that my name as a scientist is also listed under several health-related inventions and patents. These patents were filed to protect these discoveries made by my associates and me from being infringed upon by pharmaceutical investment interests and being protected to be freely available to the governments and people particularly in the developing world. Fact is, I have never received any royalties or other personal benefits from any of these patents.
  3. By making these false and deceptive allegations, the “TAC” and the Board of the “South African Medical Association” imply that the work of our Foundation is simply a marketing front to make money for the shareholders of for-profit corporations that – in this case – would profit from the sales of vitamins.
  4. These allegations are not only false, but also insidious: The only organizations and individuals involved in this litigation that directly or in directly serve corporate profit interests are the Applicants themselves. The financial beneficiaries of the relentless promotion campaigns for patented ARV drugs by the “TAC” and the Board members of the “South African Medical Association” are – undisputedly – the drug companies that produce these drugs. These companies are publicly traded pharmaceutical multinationals driven by the “return on investment” (“ROI”) of their shareholders.
  5. Considering this deceptive and insidious approach by the Applicants to disguise their own motives, it is important to set the record straight and bring the following facts to the attention of the Court:
    1. The Dr. Rath Health Foundation Africa – the Second Respondent – is a nonprofit organization, incorporated according to “Section 21” of the South African law.
    2. All our activities in South Africa serve non-profit purposes and we are not selling any vitamins or other products in this country.
    3. The work of the Dr. Rath Foundation Africa is supported by the Dr. Rath Foundation in Europe.
    4. The Dr. Rath Foundation in Europe is a non-profit foundation incorporated under the laws of the Netherlands . Most importantly, this Foundation owns 100% of the shares of all commercial activities, i.e. vitamin and book sales in Europe and elsewhere.
    5. Moreover, I do not have any financial interest in any entity anywhere which commercially produces, markets or distributes any vitamin products bearing my name.
  6. In these respects, I refer the Honourable Court to the annexed certificate of PricewaterhouseCoopers in the Netherlands attesting to the aforesaid, and which certificate has been notarially attested in the Netherlands.
  7. From these facts it is obvious, that all activities that carry my name, whether they are in Africa , in Europe or elsewhere serve non-profit purposes and I have no personal gains from them.
  8. The fact that all our activities abroad are part of a non-profit organization too, also categorically exclude the possibility – as alleged by the Applicants – that the Dr. Rath Health Foundation Africa is being used as a “masquerade” to increase sales and profits elsewhere.
  9. Thus, the structure of our entire organization reflects our non-profit motives. This is obviously in stark contrast to the activities of the Applicants who, as explained above, directly and indirectly support the profits of the stakeholders of the pharmaceutical investment business.
  10. The Applicants were aware of these facts, both from previous litigation as well as from the information on our website. Thus, it is particularly malicious that the entire Application is built on the false allegation that my research team or I are driven by profit motives or that our foundation serves commercial interests.
  11. In this section of the Application too, the complete conversion of the truth – i.e. the 180° distortion of facts and motives – is a characteristic feature of the “propaganda campaign” by the “TAC” and the Board of the “South African Medical Association” and a hallmark of their disrespect for the truth.
  12. The only explanation for these obvious lies and this kind of malicious conduct by the applicant is to distract the Honourable Court and the public from their own background. By deceptively describing me as “salesman,” “entrepreneur,” “proprietor” and other terms alleging corporate greed, they are trying to hide the most obvious facts, such as
    1. either directly in the business of “organizing rented crowds for the drug industry” (“TAC”), or
    2. “forcing the government to spend millions of Rand on toxic drugs” (“TAC”), or
    3. directly or indirectly dependent with their entire careers from supporting the pharmaceutical investment business (several Board members of the “South African Medical Association”).
  13. In summary, in a deliberate effort to further distinguish the work and motives of all the entities I am involved in, I have established an organization that is entirely driven by non-profit motives and, therefore, differs fundamentally from the profit driven pharmaceutical industry.