The politics of AIDS goes on trial

The TAC is seeking an interdict to stop Rath from distributing unregistered medicines. Business Day points out that two key issues are at the heart of the case: How does the law define a medicine, and what are the state’s duties regarding the application and enforcement of these laws? It says the outcome could have far reaching implications for anyone selling products that make health-related claims, from AIDS ‘cures’ to herbal treatments for an upset stomach. Both sides have taken the relatively unusual step of publishing much of their legal documentation on the Internet before the case has even come before court, catapulting their row into the public domain. Full Business Day report

The State had not responded to a settlement offer in the case, the TAC said yesterday. TAC spokesperson Nathan Geffen said the TAC had filed the application in 2005. Last month, Geffen said, the TAC wrote to acting Health Minister Jeff Radebe offering a settlement, but there had been no response. Instead, the state attorneys had filed papers supporting an application by Rath for late filing of a 2 000 page affidavit. Full Business Day report