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An appeal against Westville Prison regarding ARV roll-out has been lodged
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July 06, 2006, 21:30
The department of correctional services has filed an appeal against a Durban High Court judgment compelling Westville Prison to speed up providing antiretroviral (ARV) treatment to all inmates who need it.
The order was granted late last month after 15 inmates had brought an urgent appeal on May 30 asking the court to order the prison to remove any obstacles delaying access to ARV treatment.
Jonathan Berger, a lawyer with the Aids Law Project (ALP) which represented the inmates, said the ALP had been informed this morning that the appeal had been lodged. "They have applied for leave to appeal to a full bench of the provincial division of the KwaZulu-Natal High Court."
Appeal expected
He said the appeal had been expected, but he had hoped that the department would appeal directly to the Constitutional Court. He said the ALP's attorneys would file an application to have an order executed by Thumba Pillay, the presiding judge, until the outcome of the appeal. "Our clients can't wait for an appeal, otherwise we will definitely see a loss of life," he said.
Prison authorities had until tomorrow to provide an affidavit showing the applicants - the Treatment Action Campaign (TAC) and the 15 inmates - as well as the court of how they would implement the operational plan to expedite ARV treatment.
Luphumzo Kebeni, the department of correctional services spokesperson, said this evening he could not comment on the appeal except to reiterate his previous comments that Pillay's June 22 order had grave consequences for the department.
Fears of more prisoners dying
Xolani Tsalong, the TAC's KwaZulu-Natal organiser, said: "It's very frustrating. We are going to have many more prisoners that will die. It's very disappointing".
In his judgment, Pillay said he accepted the argument by Andrea Gabriel, an advocate, that prison officials had only responded to the plight of the 15 inmates once the ALP had begun proceedings.
The order had been granted against the head of Westville Prison, the minister of correctional services, the department's area commissioner for KwaZulu-Natal, and both the provincial and national ministers of health. - Sapa
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