The Legal Resources Centre, lawyers for the Treatment Action Campaign welcomes the recent landmark judgment against German doctor Matthias Rath and the Government of South Africa.

This decision, which finally confronts the impact of alternative remedies on HIV positive South Africans, was handed down on 13 June 2008 by Judge Zondi of the Cape High Court.

The learned Judge found that that the vitamins and multivitamins distributed by Rath constituted medicines as laid out by the Medicines and Related Substances Act 101 of 1965, and must be controlled and regulated. ‘The control and regulation of these substances is necessary in order to prevent confusing messages being sent out to the public about the treatment of AIDS.’

Further that Rath had to stop conducting unauthorised clinical trials, which contrary to his submissions aimed to ‘establish the efficacy of Vitacell on people with AIDS’ in South African clinics.

Rath and his foundation were also ordered to ‘stop making claims about the medicinal effects of their products until the products have been submitted to the MCC to review the efficacy, quality and safety of those claims’.

Having concluded that Rath and his associates had acted unlawfully, the Court ordered the Minister of Health and her director-general to take ‘reasonable measures’ to prevent Rath from engaging in such activities and instructed the health department to thoroughly investigate Rath's vitamin trials, and ‘in light of the facts revealed by such investigation, take further reasonable action in accordance with their duty’.

William Kerfoot attorney at the Legal Resources Centre said that the decision of the court was definitely a step in the right direction. ‘We are delighted that Dr Rath was interdicted from conducting any further unauthorised clinical trials and publishing misleading advertisements concerning the medicinal effects of his multi-vitamins on vulnerable sick people, and that the Minister of Health has been ordered to conduct proper investigations into his operations. This judgment is a victory for the rule of law, and we hope that it will extend to other suppliers of untested medicines’

This judgment is significant because many HIV positive people in South Africa visit the public health system when it is much too late, having tried all sorts of other alternative remedies. Many do not have the opportunity to live longer, healthier lives by choosing scientifically proven medicines because they are tricked into trying unproven alternatives. This has been perpetuated by the fact that the Minister of Heath has created an illusion that HIV positive people can reasonably choose between antiretrovirals and other remedies.

The HIV/Aids prevalence rates in South Africa are some of the highest in Sub-Saharan Africa; the laws in place must be interpreted and applied in a manner that takes this issue seriously and as a matter of urgency.