High Court reluctantly allows Rath’s late filing

The affidavit, which stretches with annexures to 2 709 pages in nine lever-arch files, was lodged about 13 months after deadline. Rath\'s advocate Dumisa Ntsebeza told the court the delay was because Rath had been awaiting the outcome of a German case. Judge Burton Fourie said despite the fact that the reason given for the delay ‘does not bear scrutiny’, he ‘reluctantly’ concluded that he must accept the affidavit. Fourie said in perusing the application he had found no basis for believing that the defence it provided was unfounded and therefore the respondent would suffer ‘irreparable harm’ if the affidavit was not accepted. The TAC and the SA Medical Association are asking the court for an interdict barring Rath from selling or distributing unregistered medicines, running illegal clinical trials and publishing misleading advertisements. In addition, the two bodies want the court to order the Department of Health – also cited as a respondent – to take ‘reasonable measures’ to police Rath\'s activities. Full Mail & Guardian Online report http://www.mg.co.za/articlePage.aspx?articleid=305997&area=/breaking_news/breaking_news__national/