Court interdicts Matthias Rath and orders SA Government to enforce the law

Today a South African court handed down a landmark judgment in a case initiated by Treatment Action Campaign (TAC) and the South African Medical Association (SAMA) against Matthias Rath and the Government of South Africa.

This judgment unequivocally establishes the duty of the state to enforce the scientific governance of medicines as defined in the country's Medicines Act. The case demonstrated how the South African Minister of Health wilfully obstructed the rule of law and promoted pseudoscience, resulting in the unnecessary deaths of many people.

The judgment is effectively a stern warning to all purveyors of untested and unregistered medicines, especially those selling so-called “cures” for HIV/AIDS. (AIDSTruth has reported on a number of such cases, including the Minister of Health's support for the untested "Ubhejane" treatment.)

• Read a summary of the judgment and the TAC's statement here.
• Read the full judgment here.
• Read background on the case.

Here is some media coverage of the court victory:

• BBC – S Africa bans Aids vitamin trials
• Reuters – South African court bans AIDS vitamin trials
• IRIN PlusNews – TAC prevails over Rath
• Health-e – It's all over for Rath
• Health24.com – Fire Manto over Rath: TAC
• The Times – TAC calls for Manto’s head over Rath

From the Judgment by Justice Zondi:

• The first, second, fourth and fifth respondents are interdicted from conducting unauthorised clinical trials in South Africa
• The first, second, fourth and fifth respondents are interdicted from publishing advertisements concerning the medicinal effects of VitaCell on persons with AIDS pending submission by the aforementioned respondents of the VitaCell to the MCC to review its medicinal claims.
• It is declared that the eighth (Minister of Health) and the ninth respondents [Director General, Department of Health] are under a duty to take reasonable measures to:
  • present the first, second, fourth and fifth respondents from conducting unauthorised clinical trails
  • prevent the first, second, fourth and fifth respondents from publishing advertisements concerning the medicinal effects of VitaCell on persons with AIDS pending the submission by the aforesaid respondents of VitaCell to the MCC to review its medicinal claims