Johnathan Paoli
IN a historic judgment, the North Gauteng high court has ruled on Thursday in favour of directing the National Department of Health to provide access to the vaccine procurement contracts concluded with vaccine manufacturers and suppliers, and the records of negotiation with those parties.
This follows an application by the Health Justice Initiative to make transparent government’s ‘secret’ procurement contracts, after concerns were raised regarding the allocation of public funds within these contracts.
The HJI said that by June 2023 more than 38 million Covid-19 vaccine doses were administered in South Africa, having received several million vaccine doses by directly buying from pharmaceutical companies, through the COVAX facility, and by donations.
According to the judgment, the department has ten days to disclose the Covid-19 vaccine negotiation contracts, meeting notes, and correspondence with any vaccine manufacturer or licensee, including with Johnson & Johnson, Pfizer, Aspen Pharmacare, Sinovac, and the Serum Institute of India, as well as bodies including Gavi/Covax, the African Union Vaccine Access Task Team and The Solidarity Fund.
The HJI maintained that with the approach of the National Health Insurance (NHI) which the government seeks to introduce, the need for transparency and accountability remains higher than ever.
“With increasing reports of corruption within the healthcare sector, we cannot have a healthcare system shrouded in secrecy. Procurement must be held in check, as it will involve powerful multinational companies, particularly from the pharmaceutical industry,” the organisation said.
The spokesperson for the Health Department, Foster Mohale, said that the government noted the judgment and would respond in due course.
In response to the judgment, the People’s Vaccine Alliance Africa (PVAA) stressed the importance of holding pharmaceutical companies to constant vigilance and public scrutiny, particularly in countries such as South Africa during a pandemic.
“The core of this judgment affirms our rights as Africans to not only hold those who claim the title of ‘leader’ accountable but also reminds us that the urgent work of pandemic prevention, preparedness, and response can only happen with openness, transparency, and a willful and conscious effort to recognise civil society as critical accountability partners,” PVAA Chair, Tian Johnson said.
This judgment comes, as increasing reports of corruption and undue influence between global pharmaceutical companies and governments, especially within the Global South, stress the need for more oversight and judicial liability over these transactions.
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