1998-2010 for our lives The history of the Treatment Action Campaign 1 Fighting for our lives: The history of the Treatment Action Campaign 1998-2010 By the Treatment Action Campaign Published by the Treatment Action Campaign, 122 Longmarket street, Cape Town 8001, South Africa. Tel: 021 422 1700. Fax: 021 422 1720. Email: [email protected]. Website: www.tac.org.za ISBN: 978-0-620-48732-0 October 2010 © Copyright 2010, Treatment Action Campaign All rights reserved. No part of this publication may be reproduced or transmitted, in any form or by any means, without prior permission from the publisher or the authors. Copy editor: Lee Smith Design and layout: Designs4development, www.d4d.co.za Cover photograph: Samantha Reinders Printing: Mega Digital Acknowledgements Text compiled and edited by Marcus Low, Catherine Tomlinson, Mara Kardas-Nelson, Kay Kim and Nathan Geffen. Faniswa Filani supplied the lyrics to Jikelele. Interviews conducted by Carohn Cornell. Design and layout by Designs4development. Photo editing by Mara Kardas-Nelson, with photo research by Pouya Gharavi, Jennifer Reid, and Poppy Riddle. Over the years, TAC has collected thousands of anonymous photographs, making it impossible for us to properly credit every one used in this book. We apologise for this discretion, and appreciate those who have documented our work throughout the decade. Special thanks to Community Media Trust (CMT) for the use of video stills. The high quality of TAC’s materials over the last decade has been a product of the work of Rosie Campbell, Melissa Visser, Roulé le Roux, Doret Ferreira and Darryl Cotton. 1998-2010 Fighting for our lives The history of the Treatment Action Campaign December 1998 – TAC is launched on the steps of St Georges Cathedral March 1999 – TAC marches to Chris Hani Baragwanath Hospital, calling for a national prevention of mother-to-child transmission (PMTCT) programme June 1999 – Thabo Mbeki is elected as president and Manto Tshabalala-Msimang is appointed as minister of health – the era of government-endorsed AIDS denialism begins March 2000 – TAC imports generic fluconazole in defiance of Pfizer’s patent 2000 – Médecins Sans Frontières establishes first antiretroviral treatment programme in Khayelitsha 2001 – TAC starts litigation against Health Minister Manto Tshabalala-Msimang, demanding PMTCT April 2001 – TAC starts litigation against the Pharmaceutical Manufacturers Association July 2002 – The Constitutional Court rules in favour of TAC, forcing government to provide nevirapine to pregnant mothers September 2002 – October 2003 – Hazel Tau launches a Competition Commission complaint over the excessive pricing of antiretrovirals and wins March 2003 – TAC launches civil disobedience campaign December 2003 – TAC member Lorna Mlofana is murdered after revealing her HIV status April 2004 – Government slowly begins to roll out antiretroviral treatment Early 2005 – Matthias Rath arrives in Khayelitsha, peddling false cures for HIV TAC Timeline July 2005 – Rubber bullets shot at TAC members in Queenstown 4 2005 – TAC launches campaign against gender-based violence June–August 2006 – TAC wins court case establishing the right of prisoners to access treatment 2007 – National Strategic Plan adopted January 2008 – Government adopts new PMTCT protocols February 2008 – Doctors in KwaZulu-Natal fired for providing PMTCT to pregnant mothers 2008 – TAC organises civil society response to xenophobic violence June 2008 – Cape Town High Court rules that Rath’s activities are unlawful. September 2008 – Thabo Mbeki is removed from presidency and Manto Tshabalala-Msimang is replaced Nov 2008–May 2009 – Free State moratorium results in hundreds of unnecessary deaths December 2009 – New government signals an end to denialism and announces improved treatment guidelines April 2010 – South Africa has the biggest treatment programme in the world, one million people are now on treatment, but another million still need treatment urgently Early Years........................................................1 Quacks and Denialists........................... 59 The struggle for life-saving medicines.......................................... 3 Rath’s deadly quackery........................................................... 60 Why the Treatment Action Campaign started................................ 4 The end of Rath..................................................................... 63 TAC’s first public action............................................................. 6 The end of state-supported AIDS denialism?.............................. 64 Fast at Chris Hani Baragwanath Hospital..................................... 7 The break from NAPWA............................................................. 8 TAC on the Ground................................. 67 The disease is where the drugs are not........................................ 8 Grassroots activism................................................................ 69 The AIDS denialism of Thabo Mbeki......................................... 10 Spreading TAC across the country............................................ 70 Save our Babies.......................................... 13 “Apartheid classified me as coloured” TAC in the Western Cape... 73 Fighting for health workers...................................................... 74 Save our Babies...................................................................... 14 “In 2002 there was no voice about HIV” TAC in Limpopo........... 76 “My baby was always sick”...................................................... 17 “We took government head-on” TAC in Mpumalanga.................. 78 TAC demands AZT or nevirapine............................................... 19 “Something that amazed the whole world” TAC in TAC takes Manto to court......................................................... 20 KwaZulu-Natal...................................................................... 80 Peggy and the good doctors................................................. 23 Why mother-to-child transmission prevention is important........... 24 “We get no treatment in here - we are dying in numbers”........... 81 “We’ve seen people grow in TAC” TAC in Gauteng...................... 82 “Desperation” TAC in the Eastern Cape..................................... 85 Getting treatment to rural areas............................................... 87 Using the law........................................................................ 29 Bullets and medicines in Queenstown...................................... 88 Taking TAC to the people........................................................ 30 The crisis in the Free State: 30 deaths a day............................. 90 “We can learn the science of how HIV works”........................... 32 Learning from doctors and other activists.................................. 33 Defending our Rights. ............................ 93 Antiretrovirals can work in Africa.............................................. 34 Myths of poisonous drugs and biological warfare....................... 36 Wearing my HIV-positive shirt................................................. 39 TAC’s Strategies......................................... 27 Treatment Now.......................................... 41 Campaign against rape........................................................... 94 The murder of Lorna Mlofana.................................................. 96 Justice for Lorna?................................................................... 96 Breaking the silence............................................................... 98 Changing attitudes to women................................................ 101 “Human rights are for all people, no matter what their sexual orientation”............................................................... 102 Xenophobic violence............................................................ 104 The struggle for treatment....................................................... 42 Christopher Moraka and fluconazole........................................ 43 Patient rights before patent rights............................................. 44 Beating the drug companies in court........................................ 47 Hazel Tau versus big pharma.................................................. 48 Fired for saving lives.............................................................. 49 TAC takes to the streets.......................................................... 50 Beat it!............................................................................... 113 Dying for treatment................................................................ 52 “We read it from cover to cover” TAC’s magazine, Government relents................................................................ 54 Equal Treatment.................................................................. 114 The Treatment Project............................................................. 57 The Generics....................................................................... 117 Making Headlines.................................. 107 Getting it right with the media............................................... 109 How TAC journalists uncovered deaths in Delmas.................... 110 6 Early Years 1 1. Photo [PAGE 4 OF 124 ROMAN NUMERAL IV] Photograph of Nonkosi and Vuyiseka [CAPTION: Nonkosi Khumalo and Vuyiseka Dubula, TAC General Secretary] OR Photo of Nonkosi and child [NO CAPTION] ALTERNATIVELY LEAVE THIS PAGE BLANK Photo: Gideon Mendel 2 EarlyYears The struggle for life-saving medicines Having been in the Treatment Action Campaign (TAC) for as it is popularly called, was adopted by Cabinet. There ten years, I, like many other TAC members, feel that this was almost no access to treatment and there were many book cannot have come out at any other time than now. unnecessary and avoidable deaths. This is because of the rich history that comes with telling the story of this organisation. South Africa became a playground for all sorts of charlatans who took advantage of the space and, to no When TAC was launched on 10 December 1998, our surprise, the protection of government. This included agenda was to ensure that people living with HIV got people like Matthias Rath and Zeblon Gwala. Court cases access to safe and effective treatment, antiretroviral and intense community mobilisation became the order medicines in particular. These drugs were already of the day in dealing with a non-responsive and arrogant available and widely used in developed countries. Sadly, it government. was not the case in South Africa. Antiretroviral treatment was so expensive that only a few and the rich could afford it. The majority of those living with HIV and in need of treatment were dying because they were too poor to access treatment. This fight was won in courtrooms and in the streets. We paved the way for the state to start providing comprehensive health care services. But the problem of lack of access to treatment was not just about the price of drugs in South Africa. It was also about the lack of political leadership, starting from the top with ex-President Thabo Mbeki and the Ministry of Health under the late Minister of Health Dr Manto Tshabalala- Most importantly for many of us in TAC, this organisation became a centre of learning and leading. It became a home where we learned about politics, leadership, democracy, law and social mobilisation. It became more than just about HIV, but also about access to health care and what section 27 of the Constitution means. We have combined different tactics such as community mobilisation, the South African Constitution and law, education, research and use of the media to achieve our ends. This is why TAC has transformed many of us in ways we never thought would ever be possible. Msimang, all the way down to provinces like the Eastern I hope that as you read this book you will learn and Cape, Mpumalanga and KwaZulu Natal. Consequently, appreciate this important struggle in our new democracy. this meant that no treatment plan was implemented I hope too that you will be inspired to go out there and do until 2004. And there was no ambitious strategic plan the same, if not more. until 2007, when the National Strategic Plan, or NSP Nonkosi Khumalo, TAC Chairperson Photo: Jenine Tilley 3 “We want ordinary people in South Africa to have antiretrovirals. I am urging people all over the world to show solidarity.” Edward Mabunda, April 2003 Edward Mabunda Why the Treatment Action Campaign started These were Edward Mabunda’s last recorded words. It was because of the need to make treatment available He died of AIDS on 9 April 2003 at the age of 36. He to the millions of South Africans living with HIV that TAC was a TAC leader and a poet. He was one of over 600 was started on International Human Rights Day. people that died of AIDS that day and every other day in South Africa. Most of them died because they could not access life-saving antiretroviral medicines. In the United States and Europe, HIV had become a manageable and treatable disease. True, there was no cure and still is not, but people with HIV in wealthy countries could live almost “normal” healthy lives. 4 “TAC is an extension of the work started in the Bellville Community Health Project with Zackie Achmat, Jack Lewis and others who joined the Marxist Workers Tendency of the ANC in the mid-1980s,” says Deena Bosch, who has been with TAC since the start. EarlyYears “Through TAC I have found there is love, life, laughter and hope after diagnosis. One can fall in love, make new friends and explore new things.” Mziwethu Faku, former TAC Queenstown co-ordinator 5 Image courtesy of CMT Signatures being collected in support of free AZT for pregnant mothers at TAC’s first action, St George’s Cathedral, Cape Town, 1998 TAC’s first public action TAC was launched on 10 December 1998 with a fast “The Treatment Action Campaign calls on the minister by ten people on the steps of Cape Town’s famous St of health, Dr Zuma, and Trevor Manuel, the minister of George’s Cathedral. TAC’s first statement read: finance, to meet immediately with NAPWA and HIV/AIDS “The National Association of People Living with AIDS (NAPWA) has initiated the Treatment Action Campaign to draw attention to the unnecessary suffering and AIDS- [an antiretroviral drug] for pregnant mothers with HIV/ AIDS. related deaths of thousands of people in Africa, Asia “TAC also calls on government to develop a and South America. These human rights violations are comprehensive and affordable treatment plan for all the result of poverty and the unaffordability of HIV/AIDS people living with HIV/AIDS.” treatment. 6 organisations to plan for resources to introduce free AZT EarlyYears Fast at Chris Hani Baragwanath Hospital Mark Heywood, the director of the AIDS Law Project Image courtesy of CMT (now SECTION27), explains “The AIDS Consortium and the AIDS Law Project (ALP) began in the early 1990s as projects in Wits University’s Centre for Applied Legal Studies, under the leadership of Edwin Cameron. TAC began as a campaign within the National Association of People Living with AIDS (NAPWA). Staff of the AIDS Consortium, ALP and NAPWA helped to get NAPWA– TAC going. The nucleus was a small group of activists who knew each other and worked closely together. The AIDS Consortium brought together a wide range of organisations, including NAPWA and ALP, to share resources about HIV and human rights and to plan campaigns. The symbolic launch of TAC was in December 1998 but the real launch was a month later at a small meeting at the AIDS Consortium office in Johannesburg. Zackie Achmat, Edwin Cameron, Peter Busse, Mercy Makhalamele, Mazibuko Jara, Phumzile Mthethwa, Morna Cornell, myself and a few others discussed how to build TAC into a mass movement. In March 1999, activists took to the streets in Braamfontein and Soweto and visited clinics, hospitals, schools, shopping centres and bars, collecting 13,000 signatures in support of the demand for a prevention of mother-to-child transmission programme.” transmission programme. There were about 250 people, including people with HIV, doctors, traditional healers and church leaders. Some staged a ‘lie-down’ at the hospital gate. AIDS organisations and the Johannesburg branch of the South African Communist Party were there. So was the Congress of South African Trade Unions (Cosatu). Others sent messages of support. Florence Ngobeni, who Sharon Ekambaram goes on “Our first public event in had recently lost her child because of mother-to-child Johannesburg was the Fast to Save Lives on 21 March transmission, spoke bravely. Through actions like this we 1999, in front of Chris Hani Baragwanath Hospital. attracted a group of volunteers who took the campaign We were demanding a prevention of mother-to-child into communities.” 7 The disease is where the drugs are not The Global March for Access to Treatment took place on 9 July 2000. It was hosted by TAC and Health GAP. About 900 people attended a meeting jointly organised by TAC and Médecins Sans Frontières demanding that treatment be made available. The break from NAPWA are the drugs? That’s where they are, the drugs are where the disease is not. And where is the disease? The disease is where the drugs are not.” And Judge Edwin Cameron explained “I’m here, I am able to talk to you, I’m able to engage with you, I’m able to TAC eventually had to move on from NAPWA. TAC speak with you about this important topic because I’m on members supported outspoken activism independent of antiretroviral therapy. People throughout Africa, 25 million the pharmaceutical industry. NAPWA was more cautious people in Africa and 34 million people in our whole world, and was willing to take money from drug companies. are this moment dying. And they are dying because they “After a while we gave up the idea of rebuilding NAPWA don’t have the privilege that I have of purchasing my as a progressive, mass-based organisation and decided to health.” build TAC as an independent movement. As we learned Immediately after this meeting, 5,000 people marched about the political economy of HIV treatment and the to the opening of the International AIDS Conference in drug industry, our pickets and press statements targeted Durban. the US government and drug companies and attracted media attention. This drew a group of affected people who gave us activist momentum and energy. Some attended treatment literacy workshops in Cape Town, run by 8 Dr Peter Mugyeni from Uganda famously asked “Where The chairman of the conference, Professor Jerry Coovadia, said “[Treatment] can be afforded. It is too expensive not to intervene.” Hermann Reuter of Médecins Sans Frontières and others,” TAC’s treasurer, Nathan Geffen, remembers two explains Mazibuko Jara, TAC’s first chairperson. TAC members who helped organise the march “Sbu EarlyYears Mkhize was admitted to the King Edward Hospital with “Ronald Louw was the first TAC treasurer in KwaZulu- cryptococcal meningitis, an AIDS illness with a high Natal. He was also a first-rate legal mind. He was fatality rate. We did not know that he had HIV until then. treatment-literate, but overcome perhaps by internal When I visited him in hospital, I was astounded by the stigma he did not get tested for HIV, despite falling ill. In number of young people sharing the ward with him, who 2005 he was admitted to hospital and diagnosed with all appeared very ill. Dirty floors and walls with paint HIV and a very low CD4 count. Ronald regretted not peeling off them made the place particularly unpleasant. getting tested and said that if he recovered he would go on Sbu recovered temporarily, but he needed treatment. He a speaking tour telling people to get tested. Unfortunately, died a few weeks later. he never got out of hospital.” TAC members marching at the 2000 International AIDS Conference in Durban 9 The AIDS denialism of Thabo Mbeki In June 1999 Thabo Mbeki became president of South no credibility in the scientific community. Later that year, Africa. He appointed Manto Tshabalala-Msimang as his 5,000 scientists from all over the world signed the Durban minister of health. Over the following decade, their AIDS Declaration, which stated that the evidence that AIDS is denial and mismanagement of the health system would caused by HIV is “clear-cut, exhaustive and unambiguous, cost many thousands of lives. meeting the highest standards of science”. As early as October 1999, Mbeki expressed scepticism Meanwhile, Tshabalala-Msimang continued citing price, about the use of the antiretroviral drug AZT. He responded safety, side effects and resistance as barriers to rolling out to calls to make it available in South Africa by saying that antiretroviral treatment. Nevertheless, through litigation there exists “a large volume of scientific literature alleging and pressure, government was forced to start providing that, among other things, the toxicity of this drug is such antiretroviral treatment. Tshabalala-Msimang was not that it is in fact a danger to health”. happy with this and continued to retard the provision of Soon after, Tshabalala-Msimang announced that she had asked the Medicines Control Council to review the safety of AZT before it could be used to prevent mother-to-child transmission. The Council then endorsed the use of AZT, but she rejected their recommendations. Mark Heywood explained the consequences for TAC “Thus it was that a campaign for access to treatment came to generate an organisation that, while never intending to clash with government, could not avoid conflict in the face of the unexpected change in approach to HIV initiated by President Mbeki in late 1999.” wherever possible. She kept questioning the safety of antiretrovirals and supported quacks like Matthias Rath, Tine van der Maas and Zeblon Gwala. The graph on the next page shows the effect of AIDS on adult female deaths in South Africa. Note how deaths in South Africa rose between 1997 and 2004. More importantly, note how the age-pattern of deaths has changed. Not shown in this graph is that by 2000, the absolute number of South Africans dying in their 30s and 40s exceeded those dying in their 60s and 70s. The graph shows that by 2004, the proportion of female South In early 2000 Mbeki formed a Presidential Aids Advisory Africans dying between the ages of 30 to 34 was almost Panel. In the two official meetings of the Panel, Mbeki the same as those dying between the ages of 60 to 64. invited roughly as many AIDS denialists as he did reputable HIV scientists. The views of the denialists had 10 treatment and the introduction of improved treatments EarlyYears 2010 Zapiro – Reprinted with permission – For more Zapiro cartoons visit www.zapiro.com Deaths per 100,00 people Recorded female deaths in South Africa and Brazil for ages 15 to 64 2500 2250 2000 1750 1500 1250 1000 750 500 250 0 Brazil 2004 South Africa 1997 South Africa 2004 15 20 25 30 35 40 45 50 55 60 65 Age Constructed by Andrew Warlick and placed in memory of him. 11 12 Save our Babies 13 Save our babies Sarah Hlalele was a young Sharpeville mother, TAC activist and counsellor. Months before her baby was due, Sarah made the trip to Chris Hani Baragwanath, one of the few hospitals that had rolled out treatment to prevent mother-to-child transmission of HIV. She kept the precious nevirapine tablet at home but was away from home when she went into labour. She gave birth prematurely in Sebokeng Hospital where there was no nevirapine tablet for her and no nevirapine syrup for her son. Sarah told her story for TAC’s court case to demand a national programme to prevent transmission to infants, but she did not live to see the rollout. She died from a side effect of antiretrovirals that was not detected in time. At her funeral, Sharon Ekambaram said “AIDS has denied Sarah’s children the right to know their brave mother…She will be remembered for her beautiful smile, her strength of character and her courage…We owe it to Sarah to unite to end discrimination against poor people which results in the premature death of thousands.” Sarah’s daughter Puleng holds a portrait of Sarah at her graveside. 14 SAVE Our Babies Photo: Gideon Mendel 15 16 Photo: Roulé le Roux © Designs4development SAVE Our Babies “My baby was always sick” Busiswe Maqungo, in a personal affidavit filed as part of especially not from the doctors all the time. My baby TAC’s prevention of mother-to-child transmission court received no special medicines after she was diagnosed; case, said “My baby was always sick. I had to borrow she got the same medicines normally given to HIV- money from her father’s parents to take her to hospital. negative children. I gave birth to an HIV-positive baby who She normally had to go to Red Cross or Conradie Hospital should have been saved. That was my experience, the sad and she was once admitted in Tygerberg Hospital. one, and I will live with it until my last day.” Sometimes my baby would be out of hospital for a week and then she would be sick again. I never had enough time with her. Doctors always told me that my baby will die and that there was nothing they could do for her. I knew my baby would die, but I didn’t want to hear it, Because of TAC’s campaign for prevention of mother-tochild transmission of HIV, Busisiwe would indeed access antiretrovirals during her next pregnancy. And today she has a healthy, HIV-negative child. As a result of losing a child to AIDS, Busisiwe Maqungo was active in campaigning for prevention-ofmother-to-childtransmission programmes. Images courtesy of CMT 17 SAVE Our Babies TAC demands AZT or nevirapine “We were just a few people toyi-toying in the streets for access to AZT before the 1999 elections. Some people thought AZT was a new political party!” Nomfundo Dubula, former TAC Women’s Rights co-ordinator In 1994, researchers found the first evidence that the antiretroviral drug AZT could reduce the risk of mother-tochild transmission of HIV. Initially, it was thought that the high cost of treatment would make it unsuited for use in developing countries. Then a study in 1998 showed that a short course of AZT, from only week 36 of a pregnancy, could significantly reduce the risk of transmission. In 1999, similar efficacy was found with the antiretroviral nevirapine taken at birth. This meant that the tools now existed to prevent HIV infection in many thousands of babies. It was estimated that in 1998 up to 70,000 children were born with HIV in South Africa. Yet, despite some initially positive signs, like a pilot programme run in a number of sites across the country, it soon became clear that the South African government had little interest in providing pregnant women with protection for their babies. This refusal to provide antiretroviral treatment was rooted in the AIDS denialist views of President Mbeki and his health minister. They argued that AZT was toxic and too expensive. In March 1999, TAC held its first demonstrations in Cape Town and Durban and at Chris Hani Baragwanath Hospital, calling for a national prevention of mother-tochild transmission programme. 19 TAC takes Manto to court Government did not respond to TAC’s pressure. So in 2001 we took the minister of health, Manto TshabalalaMsimang, to court to force her to allow facilities in the public health system to provide nevirapine or other suitable antiretrovirals to pregnant women with HIV. TAC won the case in the Pretoria High Court. The state appealed and the case ended up in the Constitutional Court. On 5 July 2002, it handed down a unanimous verdict in TAC’s favour. 20 available resources a comprehensive and co-ordinated programme to realise progressively the rights of pregnant women and their newborn children to have access to health services to combat mother-to-child transmission of HIV”. “When government appealed, we organised a march to the Constitutional Court hearing in May 2002. The sleepless nights of organising and preparing for the march were worth it when we won the case,” says Pholokgolo Ramothwala, TAC’s Gauteng co-ordinator at the time. That The court found that South Africa’s Constitution “required march was attended by 5,000 people and supported by a the government to devise and implement within its number of partner organisations, including Cosatu. 2010 Zapiro – Reprinted with permission – For more Zapiro cartoons visit www.zapiro.com SAVE Our Babies 1. Photo [More PMTCT photos.] 21 22 SAVE Our Babies The denialism and quackery of KwaZuluNatal MEC, Peggy Nkonyeni, further delayed the rollout of PMTCT in the province Peggy and the good doctors In January 2008, the Department of Health, after prevention of mother-to-child transmission. Pfaff organised much pressure from TAC, the South African National AZT that was paid for by international donations. AIDS Council and others, announced long-overdue Soon after, Dr Mark Blaylock (also from Manguzi) was new guidelines for the prevention of mother-to-child suspended for putting a photo of Nkonyeni in the bin. transmission. These guidelines for the first time stipulated that dual therapy should be used in the public health system to reduce HIV transmission to infants. Dual therapy was a significant improvement on the monotherapy TAC had campaigned for earlier in the decade. However, a month later, the KwaZulu-Natal MEC for health, Peggy Nkonyeni, said that “antiretrovirals are toxic and doctors who provide them are working for pharmaceutical companies”. TAC met with Zweli Mkhize (the ANC provincial chairperson) and Nkonyeni, hoping to resolve the conflict. At the meeting, Nkonyeni showed TAC members that she was reading a book by the charlatan Matthias Rath. It was clear that Nkonyeni could not be swayed and that pregnant women would still be denied dual therapy. After a press conference by TAC, the Rural Doctors Association and the South African Medical Association, Nkonyeni threatened legal action against TAC. Nothing came of these threats. Disciplinary action against Dr Pfaff A vicious crackdown followed during which she took was withdrawn after national and international pressure, disciplinary action against Dr Colin Pfaff, acting manager but Nkonyeni continued to victimise doctors until she was of Manguzi Hospital, for rolling out dual therapy for replaced in May 2009. 23 Why mother-to-child transmission prevention is important TAC has been criticised by some academics for ignoring The campaign did not put babies’ lives ahead of the women’s reproductive rights in the prevention of mother- lives of their mothers. Throughout the campaign, we to-child transmission court case. I want to explain why advocated for access to treatment for all people with HIV. they are wrong. Women are disproportionately affected That was why I joined TAC. The case that we took to the by HIV in South Africa. HIV prevalence is higher among Constitutional Court was a big victory not just for children women than men. It is women who are generally but for women as well, because it meant that women care-givers. Women’s vulnerability to HIV is mainly a should be treated with dignity, that they have the right consequence of their economic and social status. Gender to sexual reproductive health and that this right includes inequality and gender-based violence are huge social having a healthy child. problems that make this situation worse. I realised that it was not coincidence when I found myself amongst those living with HIV at the age of 22 in 2001. Most of our membership is made up of poor black women. TAC is a home to people like me. Young women like me enjoyed the outcome of this case. When I decided I wanted a child, I went to my doctor to seek advice and understand my options. The best option for me and for my child was to go onto treatment. My doctor advised me that starting treatment early would TAC attracted many young HIV-positive women because of reduce my viral load and increase my CD4 count, so I our prevention of mother-to-child transmission campaign. began antiretrovirals in 2004. My CD4 count was 269. I Many women find out their HIV status while they are planned to have my child in 2006. I started taking AZT, pregnant. Before our court victory, there was no plan to 3TC and nevirapine. My child also got nevirapine syrup prevent their unborn children from getting HIV. after delivery and AZT for seven days after she was born. I am still on the same treatment regimen today. I did not Many women living with HIV during the years before stop. My baby was tested at six weeks and she was HIV- our court victory were coerced into sterilisation because negative. of their HIV status. This service was not offered to our male partners. Those of us who wanted children needed Women who choose to reproduce must have a right to our sexual reproductive rights protected as guaranteed in do so in a safe and healthy manner for mother and child. section 27 of the South African Constitution. Prevention of mother-to-child transmission was an entry point to addressing sexual reproductive health and the rights of women living with HIV. The women and men of TAC ran 24 TAC women who live with HIV would like to know what our critics would have done if they were faced with this situation themselves. Where were they when we needed them most? this campaign to voice the right of women living with HIV Vuyiseka Dubula to have children free of HIV. TAC General Secretary Photo: Gideon Mendel SAVE Our Babies 25 26 TAC's strategies 27 Photo: Zack Rosner 28 TAC's strategies Using the law The prevention of mother-to-child transmission case was that mobilise and educate people so that communities use one of many examples of TAC using the courts to fight for the law to give effect to their own voices and their own the rights of poor people. issues.” As Vuyiseka Dubula relates “Without our comrades in Her colleague, Jonathan Berger, continues “TAC’s work the AIDS Law Project, now SECTION27, our campaigns is deeply grounded in the Constitution – in the rights it would not have succeeded. We were also helped by other recognises, in the obligations it imposes on the state and human rights lawyers, especially the Legal Resources the private sector, and in its recognition of the importance Centre.” of the rule of law to good governance, accountability and Fatima Hassan, a lawyer who used to work on TAC cases, explains “During the deadly period of AIDS denialism, we worked with TAC on its legal cases and together won a number of victories. We operated as activists, then as service delivery. This understanding of the Constitution has helped TAC to frame its demands in human rights language and use the law as a tool for progressive social change.” human rights campaigners, and only then as lawyers. Advocate Adila Hassim says “TAC has brought life to We practised activist lawyering, using every democratic the law and the Constitution. Litigation has always institution and route – inspired by great lawyers of the been accompanied by public awareness campaigns and anti-apartheid movement. Working with TAC, first when education about the particular law, conduct or policy it was a small volunteer-based organisation and then as a being challenged. When the judgment is favourable, national organisation, I realised that the law alone cannot TAC monitors implementation. TAC’s use of the law has fully transform our society, only people can. The most brought real improvements in people’s quality of life. It’s valuable and transformative legal challenges are those always an exciting experience to represent TAC!” TAC comrades outside of the Cape High Court, Cape Town 29 Taking TAC to the people “Mark and Zackie were up there. They needed people who speak the language of people on the ground. TAC had to go to the grassroots where people were affected and infected and wanting information.” George Chauke, TAC Gauteng member Sipho Mthathi, TAC’s General Secretary from 2005–08, says that “TAC didn’t begin as a grassroots movement. It started with a few middle-class people [who] had working-class roots. We knew we had to become a movement based in communities to have any integrity or we’d be just another NGO.” “TAC needed a leadership of black people who lived in the communities where TAC was organising, if possible people living with HIV, and we needed to go out and create that leadership,” says Mark Heywood. “I think what built TAC was a combination of leadership from different backgrounds, some of us with years of political experience in the anti-apartheid movement… We set out to build leadership in order to build a mass base in the worst affected communities. TAC created a new generation of post-1994 political and civil society leaders,” says former TAC chairperson Zackie Achmat. As explained by long-standing TAC member in KwaZuluNatal, Thabo Cele “We have TAC leaders from labour, from medical and legal backgrounds, from the churches, and people with a history of activism in communities and nationally.” TAC brought HIV science into South Africa’s workingclass communities and rural areas through our treatment literacy programme. The programme educated and empowered ordinary South Africans to understand how HIV works in the body, how it can be treated and how its transmission can be prevented. 30 TAC's strategies Photo: Eric Miller, courtesy Bread for the World 31 “We can learn the science of how HIV works” “TAC’s key strategy for mobilising was giving people information.” This understanding of the science of HIV and antiretroviral Mandla Majola, TAC Khayelitsha co-ordinator treatment they needed to survive. The programme became treatment became one of TAC’s strongest tools in mobilising the masses to demand access to HIV treatment and prevention. Thousands joined forces to demand the highly political and created a cadre of informed activists that publically challenged the misinformation put out by political, traditional and religious leaders during the years of denialism. Treatment literacy also proved to be a novel and effective public health intervention. Patients on antiretroviral therapy were counselled to take their regimens at the same time every day and not to miss a dose. Mothers were counselled on ways to reduce the risk of transmitting HIV to their babies. Treatment literacy created the basis for the successful rollout of antiretroviral therapy in poor African communities. “We believe so-called ordinary people can and must learn the science of how HIV and AIDS work in the body, how different treatments work, possible side effects, opportunistic infections, and healthy lifestyle. When they know what to ask for in the clinic, they can engage with health workers and demand better services,” explained Sipho Mthathi. Before we were able to use HIV science as a political tool to organise and mobilise communities, we had to learn the science ourselves. In 2000, AIDS activists from the New York-based organisations Treatment Action Group and Act Up ran workshops in Cape Town, Durban and Johannesburg to teach us about HIV science. Photo: Eric Miller, courtesy Bread for the World 32 TAC's strategies Learning from doctors and other activists As TAC members learned the science of HIV, we also and scientists like Quarraisha and Slim Abdool Karim, rolled out treatment education in communities. Since Eric Goemaere, Francois Venter and Linda-Gail Bekker, this initial collaboration, TAC has worked closely with Gary Maartens, Robin Wood and nurses like Mphumi international, regional and local partners to learn and to Mantangana, as well as AIDS activists like Polly Clayden share new information on HIV science and treatment. and Simon Collins from HIV i-Base in London, and Gregg Through this programme, TAC has developed educational posters, pamphlets, booklets and magazines that are translated into local languages and distributed across the country. “TAC’s treatment literacy training has been a massive Gonsalves from the USA, formerly of the AIDS and Rights Alliance for Southern Africa and Treatment Action Group. We’ve also had a legion of dedicated volunteers from Europe and North America donating their time to TAC over the last ten years. Fine activists have developed through the training,” says Nathan Geffen. effort. We’ve been helped by so many people: doctors Photo: Rainer Kwiotek 33 MSF Khayelitsha patients celebrate the first year of the programme. Antiretrovirals can work in Africa As the HIV epidemic spread and death rates rose “Soon it was clear that the Khayelitsha project was doing throughout sub-Saharan Africa, international health very well: 86% of the patients who started ARVs were policy makers condemned Africans to death. The head of still alive after two years and 70% had an undetectable the United States Agency for International Development viral load. The early successes of the Khayelitsha project argued that the regimen involved in taking antiretroviral contributed to sway the opinion of scientist, academics, treatment was too complex for Africans to adhere to. policymakers and donors towards the realisation that TAC contended that access to medicine is a fundamental treating patients with antiretroviral therapy in poor human right for all people, not to be reserved solely for countries could be done, and had to be done,” explains the rich. Gilles Van Cutsem, project co-ordinator for MSF TAC and Médecins Sans Frontières partnered on a pilot programme in Khayelitsha township outside Cape Town to Many people learned about the facilities in Khayelitsha demonstrate that, with access to the correct information, and came to them. Sister Nothuthuzelo Ntwana of antiretrovirals could be successfully rolled out in Africa. Médecins Sans Frontières explained one of the challenges In 2000, Médecins Sans Frontières set up three clinics in Khayelitsha. The clinics initially provided antiretroviral treatment to people suffering from AIDS who were in need of immediate medication to survive. TAC’s volunteers supported the rollout by teaching patients about HIV and their medication regimens. This included explaining to patients which pills were which, when they must be taken and the possible side effects of each pill. 34 Khayelitsha. they faced “Our services are accessible in clinics in Khayelitsha…It is very hard for us at MSF clinics to say we cannot take you because you do not stay in Khayelitsha. It is sad to see the pain and fear in their eyes. It is worse that we cannot refer them to other clinics or hospitals for medication.” TAC's strategies 1. Photo 35 Myths of poisonous drugs and biological warfare When Médecins Sans Frontières first brought antiretroviral treatment. In 2002, TAC scored a major victory when therapy to Khayelitsha, we faced the dual challenge of former president Nelson Mandela visited the home of TAC community stigma and government denialism. People chairperson, Zackie Achmat. At the time, Achmat was were afraid to come forward and get tested. Those that did refusing to take antiretrovirals until they became available and that tested positive were afraid to take antiretrovirals. in the public health system. Mandela convinced Achmat TAC’s first co-ordinator, Colwyn Poole, describes what it was like “Biological warfare against black South Africans. Shortly thereafter Mandela visited the clinics in That’s what a government spokesperson called the early Khayelitsha, wearing one of TAC’s HIV-positive t-shirts. HIV programmes in Khayelitsha. Women were beaten or killed for revealing their HIV status but TAC volunteer Helen Makebasana and four others began treatment in May 2000.” 36 to begin taking medicines. “The government was trying to portray us as doing harm, but TAC gave us legitimacy in the community, explaining that we were there to help people and save lives. MSF would not have been able to begin work in Khayelitsha or TAC members and volunteers worked tirelessly in continue for so long without TAC,” says Dr Eric Goemaere communities to provide accurate information on HIV and of Médecins Sans Frontières. TAC's strategies 37 Photo: Samantha Reinders “I’m proud to be a walking billboard in TAC’s struggle for human rights.” George Chauke “Seeing so many beautiful people wearing the t-shirt gave me back some hope and self-esteem. It gave me courage to disclose.” Ntombozuko Kraai 38 “The t-shirt symbolises the lives that have been lost and the sacrifices that have been made. It marks us as people with a common purpose.” Nomfundo Eland “I was afraid ladies would run away from me when I approached them and other men would say I wasn’t a man.” Sikhangele Mabulu “Many activists have said ‘Come to my funeral in your t-shirts, tell people what I went through and what I did in TAC – spread the message!’ That’s what we do.” Nonkosi Khumalo TAC's strategies Wearing my HIV-positive shirt TAC’s HIV-positive t-shirts were printed in 1999 as a tool to break down the secrecy, shame and stigma that surrounded HIV. The t-shirts brandished the words “HIVPOSITIVE” onto the wearer’s chest. The shirts were prompted by the violent murder of Gugu Dlamini. She was kicked, beaten and stoned to death after revealing that she was HIV-positive. A photo of Gugu was printed on the back of TAC’s first t-shirts. Zackie Achmat tells how he came up with the design “There is an apocryphal story about the King of Denmark wearing a yellow star in solidarity with Jews during the Nazi occupation of his country. The HIV-positive t-shirt serves a similar purpose. All people, irrespective of their status, can wear it and show solidarity with people with HIV.” Today the t-shirts have become an iconic symbol in South African society, representing the struggle for human rights. “The t-shirt promotes openness and breaks stigma. You’ll be challenged ‘Are you HIVpositive?’ Then you can start engaging with people.” Thembeka Majali “It leads to discussions, whisperings, the internal acceptance that HIV is real, and a culture of coming forward.” Phillip Mokoena “People call me MaAIDS when they see my t-shirt and come with questions.” Maria Khambule “Putting on the t-shirt was my way of joining the struggle – a relief.” Beatrina Mhlongo “When I got my first TAC t-shirt, my mom wanted one too. She said ‘Let’s put on our t-shirts and walk down the street to buy a snack.’ I asked her ‘Are you ready for people to think you have HIV?’ and she said ‘I’ve been with you, I’ve bathed you, I’ve taken you to the hospice – we’re together in this.’ So we walked down the street with people staring – she was lovely, parading around. Now when I wear the t-shirt I remember my late mom.” Nokhwezi Hoboyi 39 40 Treatment now 41 Photo: Eric Miller, courtesy Bread for the World The struggle for treatment our hands to raise money from the private sector, join our “We are asking to get access to medicines. We understand they are expensive, but if they are something that can make us live longer, then government should make a point of getting these medicines.” hand in raising money from each of us who will contribute Flora Thobela Access to treatment has been the centrepiece of our work since TAC formed in 1998. During the early days of the organisation, we fought against pharmaceutical giants that were reluctant to drop the prices of medicines despite skyrocketing profits and a government unwilling to properly address an epidemic of crisis proportions. We urgently needed medicines to suppress HIV and fight opportunistic infections. Speaking at TAC’s inception, Zackie Achmat encouraged others “Join our hands to fight the drug companies, join to save the lives of everyone who needs to be saved.” These goals continue to drive us today. 42 TreatmentNow Christopher Moraka and fluconazole “It’s not as if HIV is pleasant, it’s not a joyride at all. You Other people don’t feel this pain. They want to make know that you are going.” These were the words of TAC profit, you see.” Gugulethu’s Christopher Moraka shortly before he died in 2000 of AIDS-related opportunistic infections, including systemic thrush. Zackie Achmat also spoke out about the high price of the drug, known in South Africa by its brand name Diflucan. “Tonight in southern Africa at least 300 people Before passing, Moraka spoke out against the high price will die because they cannot afford this. This is a drug of fluconazole, a medicine patented by the pharmaceutical called Diflucan. It is a drug that stops people who have company Pfizer and used to treat fungal infections such as thrush, people who have cryptococcal meningitis, people systemic thrush, which he continually battled. who have a range of illnesses from dying. And this little Speaking to members of Parliament, he said “Companies like Pfizer make a lot of profit. In 1999 Pfizer made R6.5 billion profit. We ask them to lower the price of drugs because we HIV-positive people suffer the most. Comrades celebrating Christopher Moraka’s life and mourning his death at his funeral bottle will cost you R500. Drug companies are trying to twist our government’s arm, to stop them from providing good health care and quality health care for all, and also accessible treatment for people who have AIDS.” 43 Patient rights before patent rights Well-known South African actor, Morne Visser, also brought fluconazole into the country for TAC. He received a hero’s welcome by TAC supporters at Cape Town airport 44 In 2000, TAC asked Pfizer to As part of the Campaign, TAC organised a visit by Zackie drop the price of fluconazole Achmat and Jack Lewis to Thailand, from where we to R4 per 200 mg capsule, a imported generic fluconazole at the cost of R1.78 per figure still double the generic capsule (in comparison to R29 per capsule in the South price. In response, Pfizer African public sector). We announced what we had done promised that all people in a press conference. It made newspaper headlines living with HIV and battling and generated debates and greater public understanding cryptococcal meningitis who about the high cost of medicines. A complaint was lodged could not afford the treatment against Achmat and he was nearly arrested for breaking would be given it free of the Medicines Act. charge. However, those with systemic thrush – a more Eventually Pfizer backed down and began donating common disease – would still face exorbitant prices. Even fluconazole to the public health system for the treatment so, the company dragged its feet in cooperating with the of systemic thrush as well. TAC continued to import South African government in this regard, and on 13 July generic fluconazole via the late Dr Steve Andrews. 2000, TAC announced its Defiance Campaign against We contracted a chemist to distribute over 100,000 Patent Abuse and AIDS Profiteering at the International fluconazole pills to doctors and health facilities across the AIDS Conference in Durban. country. TreatmentNow 45 46 TreatmentNow Beating the drug companies in court In 1997, South Africa passed the Medicines and Related Substances Control Amendment Act, which allowed for the substitution of brand-name medicines with generic medicines once a patent had expired, the importation of generic medications, and a transparent pricing mechanism. Despite this being signed into law, the Pharmaceutical Manufacturers’ Association (PMA), together with 40 multinational drug companies, attempted to stop the Act by going to court against the South African government. The trial was delayed for three years, during which time the Act did not go into effect and greater access to medicines was severely impeded. TAC fought on the side of government, offering legal support, educating our members about the PMA and thing should be an apology, that 400,000 people who pharmaceutical greed worldwide, and organising were supposed to be here are not here. And these people demonstrations worldwide on 5 March 2001. are not here because they have died, basically because of Speaking outside the court in 2001, Mazibuko Jara said “[The PMA is] making the drugs inaccessible to us. We what the pharmaceutical companies have succeeded in doing.” are here today to say we are the people living with AIDS The PMA dropped their court action on 19 April 2001. It and you are the drug companies that produce these was a big blow against the pharmaceutical industry. drugs. Work with us in order to deal with HIV/AIDS. Do not oppose our government and take it to court when our government wants to meet our public health needs.” But immediately after the victory, Health Minister Manto Tshabalala-Msimang said in a press conference that antiretrovirals would not be made available. She did Former president of Cosatu, Willie Madisha, demanded not even thank TAC for our assistance. After that, our an apology from the drug companies “I think that the first relationship with her became steadily worse. 47 Hazel Tau versus big pharma In 2002, the price of antiretroviral treatment was far required. But I cannot afford to pay even R1,000 a month too high at over R2,000 per month. TAC and the AIDS for this. If the prices of antiretrovirals were reduced to Law Project decided to lodge a complaint against two between R400 to R500 a month, I could afford treatment of the biggest offenders, pharmaceutical companies on my present salary. I am aware that I will have to GlaxoSmithKline and Boehringer Ingelheim. sacrifice some things, but I know that this treatment will In her affidavit to the Competition Commission, TAC member and the first complainant Hazel Tau wrote “I “I cannot afford to pay the prices the drug companies am an adult female residing in Soweto, Gauteng. I am a charge for antiretroviral treatment.” single woman. I am also a breadwinner in my family. I was diagnosed with HIV in 1991…Since April 2002, I have not been so well. I have had an increasing number of opportunistic infections including thrush and a lung infection, which was suspected to be pneumonia. My CD4 has dropped to 168. I have also lost a lot of weight. I weighed about 75 kilograms up to about 2000. I have lost over 25 kilograms since then. 48 help me and keep me healthy. In October 2003, the Commission found evidence supporting Tau’s allegations and indicated that they would take the complaint further. As a result, negotiations took place between the companies and TAC and the AIDS Law Project. In December 2003, both GlaxoSmithKline and Boehringer agreed to allow generic companies to sell their medicines both in South Africa and to other sub-Saharan African countries. It was a huge victory in the fight for “I am aware that I need to go onto treatment given greater access to medicines and prices soon came down. that my CD4 has dropped below 200. Once a person’s Today, government pays just over R100 for a month’s CD4 count is below this level, antiretroviral treatment is supply of antiretroviral treatment for one individual. TreatmentNow Fired for saving lives In 2000, the Greater Nelspruit Rape Intervention Project care room or with providing post-exposure prophylaxis, (GRIP) began providing antiretrovirals at Rob Ferreira composed of antiretrovirals, for rape survivors. Along with Hospital for rape survivors. But the Mpumalanga health concerned health workers across the country, TAC and the department had instructed hospital doctors not to AIDS Law Project demonstrated in support of the doctors prescribe antiretrovirals. in their fight, which dragged on for years. Nevertheless, some doctors, including Dr Malcolm Naude, In 2003, the Department of Health settled out of court believed it was unethical not to do so and they continued with Dr von Mollendorf. It coincided with a report that to prescribe antiretrovirals. the Department had misspent R6 million that had been AIDS denialist Health MEC Sibongile Manana organised budgeted for medicines in the province. for GRIP to be evicted from the hospital. She also In 2007, Judge CJ Musi ruled that Dr Malcolm Naude’s suspended, dismissed or failed to renew the contracts of dismissal was unfair and described Manana’s rule as health workers who supported providing antiretrovirals, “tyrannical” and “dictatorial” and some Department including Dr Thys von Mollendorf and Dr Naude. Her witnesses as “liars”. supporters started harassing all those involved in the 49 TAC takes to the streets TAC voted at the 2002 national congress to increase the use of marches, as well as a countrywide campaign of civil disobedience, to pressure the state to deliver a national treatment plan and antiretroviral programme. The pressure was primarily directed at Health Minister Tshabalala-Msimang and Trade and Industry Minister Alec Erwin. On 14 February 2003, nearly 15,000 people took part in TAC’s Stand Up for Our Lives march to the opening of Parliament in Cape Town. We handed over a memorandum to government which made it clear that the state either had to deliver a treatment plan or face civil disobedience. 50 TreatmentNow 1. Photo [There are dozens of beautiful photos of this march, most of them taken by Faizel Slamang and Pupa Fumba. Nathan has a good deal of them on his computer. They are also on the website. We could also use the Mandela poster.] 51 Dying for treatment Government failed to deliver a treatment plan and so TAC There was a history of civil disobedience against launched its civil disobedience campaign, titled Dying for apartheid. Patrick Mdletshe, provincial chairperson of Treatment, in March 2001. TAC KwaZulu-Natal explains “Our leaders taught us non- “What civil disobedience means is that we accept government, we accept the legitimacy of government The campaign was met with violence in KwaZulu-Natal. sacrifice to change that policy, and the sacrifice we make Mdletshe recalls “We got the message from our co- is being prepared to go to jail,” explains Zackie Achmat. ordinator ‘Meet 8am at Durban City Hall and cover your at the time. He says “It was a national plan to launch civil disobedience – same time, same day, at police stations in Cape Town, Gauteng, Durban. The volunteers signed t-shirt.’ Mandla was waiting. He reminded us how to do civil disobedience and then told us to jump into taxis to CR Swart police station. We walked into the charge office and showed our t-shirts.” consent forms saying they were prepared to be arrested, In Durban and Cape Town TAC members said they would that they would have their medication with them and their not leave the station until Tshabalala-Msimang and Erwin children looked after. To prevent any leak or sabotage I were arrested. Police in Durban responded by calling for was the only one in the province who knew when and snipers, dogs, and a motorbike squad. They turned a hose where we were going.” on the crowd at close range, injuring some, including a “After consulting lawyers and getting overwhelming support from members, we decided to lay a charge of pregnant woman. TAC organiser Thabo Cele was hurt quite badly. culpable homicide against the former minister of health, In Cape Town and Johannesburg, civil disobedience Manto Tshabalala-Msimang and the former minister of did not result in violence. Although TAC members were trade and industry, Alec Erwin,” continues Sifiso Nkala. arrested in Cape Town, they were immediately released. “People were free to participate or not.” 52 joined sit-ins, bus boycotts, pickets and marches.” and we want to change its policy. But we are prepared to Mandla Majola was co-ordinating TAC in KwaZulu-Natal TAC allies also staged die-ins and used other forms of civil disobedience around the world. Here a Paris action. violent strategies of civil disobedience. In high school we’d TreatmentNow 53 Government relents After years of campaigning, Cabinet finally approved the start and we’ve been engaging with government HIV National Operational Plan on Comprehensive Care and co-ordinators and visiting treatment sites. We want to Treatment for HIV (Operational Plan) on 19 November set up an AIDS forum with NGOs, local and provincial 2003. Within the first year of the Plan’s implementation, it became clear that the programme lacked a formal implementation timetable to ensure targets were met. It fell short of its target of 54,000 people on treatment by March 2004 (at which time only 15,000 people were rollout a success. We’re training six people per district to do treatment literacy. Our branches are educating communities through door-to-door campaigns, flyers, receiving treatment). posters and workshops.” In order to avoid further litigation by TAC, the state agreed Xolani Kunene, former TAC KwaZulu-Natal provincial to purchase antiretrovirals in the interim before a tender co-ordinator, also explains TAC’s role “We are training was finalised. The programme finally started properly in branches to counsel and prepare patients for treatment April 2004. TAC was involved in the rollout, prepping to lessen the burden on clinics. We’re working on an communities through treatment literacy campaigns and helping health workers to prepare for the task before them. Johanna Ncala, former TAC treatment literacy coordinator, says “It’s a week before the rollout is due to 54 government so we can work together to make the antiretroviral manual and we’ll also use TV and radio for community education. Through our Treatment Project, we’ll transfer people to government clinics and also help to monitor the rollout.” TreatmentNow After years of campaigning, government finally announced a national treatment plan in 2003. TAC helped communities prepare for the rollout. 55 Photo: David Chancellor/ International Federation of the Red Cross 56 TreatmentNow The Treatment Project We realised that the initial government programme Victor Lakay recalls his time with the Project “As a person would not reach more than a third of those who needed living openly with HIV and also a patient of the Treatment treatment. Also alarming was the fact that within the Project, I was comforted by TAC’s belief that everyone has first six months of 2003, TAC had lost more than 100 a right to life. So it was remarkable then that for every TAC members whose lives could have been saved with member treated, the TAC Treatment Project committed to medication. As an emergency response to the absence of treating a person in the community who was unrelated to a comprehensive government programme, TAC launched TAC. I was lucky enough, but the sad reality of denialism the Treatment Project in 2003, rolling out HIV tests, meant that many more lives were lost that could have CD4 tests and antiretrovirals to a number of activists and been saved.” others who couldn’t afford them. It therefore provided a lifeline to members in need of treatment. The Project also took over the distribution of generic fluconazole, which TAC originally began to import in 2000 as part of the Christopher Moraka Defiance Campaign. Through the Project, TAC worked with public and private facilities to Victor Lakay and Uncle John Vollenhoven were both recipients of the Treatment Project allowing them to access anti-retrovirals and other essential medicines. distribute over 85,000 capsules of generic fluconazole, carried out nearly 3,500 CD4 cell count tests and covered the cost of a range of other drugs, including antiretrovirals, The Western Cape’s Atlantis branch of TAC started in 2002/03, at the height of the Treatment Project. Terens Crow recalls “We had old aunties, students, workers, the late Uncle John Vollenhoven who got a new lease of life through the Treatment Project.” As the antiretroviral rollout scaled up, the Treatment Project was able to transfer patients to the public sector treatment programme. and support to HIV-positive people. 57 58 QuaCks and denialists 59 Rath’s deadly quackery “Many people in Khayelitsha were defaulting on their treatment and some passed away because of Rath’s lies. His ‘miracle cure’ was a huge challenge to our treatment literacy work, which had been going well.” Despite government’s reluctance, by 2004 the treatment Vathiswa Kamkam organisation, also backed Rath. They distributed his rollout was gathering momentum and TAC branches were mobilising communities to get tested and access treatment. It was then that Matthias Rath and his Foundation appeared on the scene peddling multivitamins as a cure for HIV, cancer and other diseases. In early 2005, Rath set up clinics in Khayelitsha and other Cape Town townships. Health Minister Manto Tshabalala-Msimang was a strong supporter of Rath, even though courts in other countries had ruled against him. SANCO, the ANC-aligned civic pamphlets, worked in his ‘clinics’, recruited patients and endorsed his advertisements. “At last a cure for HIV – Dr Rath’s vitamins. That’s what we heard at a SANCO meeting in Khayelitsha late in 2004,” remembers Neliswa Nkwali. “TAC decided to investigate. We went as ‘patients’ to Rath’s clinic and the houses of his agents. We invited his people to our support group, and we reported back.” Advertisements like the following appeared in The Sowetan, Daily Sun, Mail & Guardian, and other papers “The Dr Rath Health Foundation Africa has the support 2010 Zapiro – Reprinted of our Minister of Health and our Government…Unlike with permission – For toxic antiretroviral drugs, these vitamins are safe. Trust our Government and those who support it…Don’t fall for dirty Vitacell was one of Rath’s main products sold as an alternative to scientifically provern antiretrovirals. 60 tricks: TAC targets poor communities as markets for the drug industry…and pays crowds to demonstrate.” NAPWA also distributed Rath’s products and sided with him when TAC took him to court. The Traditional Healers Organisation staged demonstrations at TAC offices in support of Rath. more Zapiro cartoons visit www.zapiro.com Quacks and Denialists 62 Quacks and Denialists The end of Rath In the first of two court cases, TAC asked the Cape High “TAC had marches, pickets, court hearings and press conferences to fight Rath’s propaganda. We had calls from all over the Western Cape about Rath agents, even doctors asking us for help.” Court to stop Rath from defaming the organisation. Rath Fredalene Booysen, TAC Khayelitsha district manager. TAC and the Legal Resources Centre led a legal battle to stop Rath and his propaganda, with strong support from Médecins Sans Frontières, the South African Medical Association, the Southern African HIV Clinicians Society and other health workers. had continually been producing advertisements, posters and statements accusing TAC of being a front for the pharmaceutical industry. The court cleared TAC’s name and interdicted Rath from making these claims. In a second case, TAC filed papers asking the Cape High Court to find Rath’s clinical trial and distribution of unregistered medicines unlawful. After years of legal wrangling, the court finally ruled in June 2008 that Rath’s advertising was false, misleading and unlawful. The court also declared that he was unlawfully distributing medicines and conducting unauthorised clinical trials. The minister of health was held responsible for not enforcing the Medicines Act. This was a major victory for TAC and its allies, but serious problems remain with the regulation of medicines in South Africa and many quacks still sell their snake oils without any concern for the law. 2010 Zapiro – Reprinted with permission – For more Zapiro cartoons visit www.zapiro.com 63 The end of state-supported AIDS denialism? Two separate studies have estimated that delays in introducing a treatment programme cost more than 300,000 avoidable deaths. A major blow for Health Minister Tshabalala-Msimang came at the International AIDS Conference in Toronto in 2006. The South African government’s stand featured garlic, lemons and African potatoes – the minister’s idea of treatment for AIDS. Infuriated TAC members at the Conference occupied the stand in protest. Then Mark Heywood spoke at a plenary session in front of thousands of delegates and called for the minister’s removal from 2010 Zapiro – Reprinted with permission. For more Zapiro cartoons visit www.zapiro.com office. This was very bad publicity for government and soon after they compromised and agreed to negotiate the National Strategic Plan. Tshabalala-Msimang fell ill and during her illness much of the Plan was negotiated. In this period, Nozizwe Madlala-Routledge gained increasing prominence as the deputy minister of health and played an important part in the development of the Plan. She was quoted in the media as speaking accurately about HIV and criticising the handling of HIV in South Africa. She paid for her straight talking when she was dismissed by Mbeki in August 2007. He cited a flimsy justification relating to Madlala-Routledge’s travel arrangements. The move backfired in the media and Mbeki was left looking stubborn and dictatorial. Mbeki lost control of the ANC in 2007. In September 2008, Kgalema Motlanthe became president. Motlanthe moved Tshabalala-Msimang from her position and put her into an unimportant ministerial post. She was replaced by Barbara Hogan, who immediately made the removal of AIDS denialism a priority. When Jacob Zuma became president in May 2009, Hogan was replaced by Aaron Motsoaledi, a doctor with scientifically sound views about HIV. The era of state-sponsored AIDS denialism was finally over, or so we hope. 64 Quacks and Denialists 1. Photo [Maybe pull a photo off the youtube video of TAC occupying the SA govt stand at AIDS2006.] Photo: Mail and Guardian (permission in progress) 65 66 TAC on the Ground 67 68 Photo: Gerd Hoeffchen, courtesy Bread for the World Tac on the Ground Grassroots activism TAC set up its first offices in Johannesburg, Cape Town many with no income and no employment, who have and Durban in 1999. TAC was able to mobilise and given up their time,” explains Vuyiseka Dubula. operate at a community level by establishing branches Through branches, TAC was able to mobilise large-scale across the country. This model of social mobilisation support for campaigns, including mobilising over 15,000 and organisation was adopted from the struggle against people to march to Parliament to demand a treatment apartheid. plan. Our branches were also uniquely placed to respond Branch members operated in their own communities, to local challenges. educating others on HIV science and establishing Mashudu Mfomande, TAC Mopani co-ordinator, explains adherence clubs and support groups. the role of the branch “Organising starts at branch level, “TAC grew in members because people needed space to identify local challenges and make an impact. Know to disclose their HIV status and get support. Members your community, bring treatment literacy to our work and sustained branches. TAC is mostly the work of volunteers, to our allies.” Photo: Eric Miller, courtesy Bread for the World and it is not always about big marches. Organisers need 69 Spreading TAC across the country TAC now has community level branches operating across the country. Branches are supported by TAC’s six district offices. Today TAC has over 10,000 members. Gert Sibande Tel: 017 811 5085 Mopani Tel: 039 253 1951 Limpopo Johannesburg Khayelitsha Tel: 021 364 5489 North West Province Mpumalanga Gauteng Free State KwaZulu-Natal Northen Cape Eastern Cape Ekurhuleni Tel: 011 873 4130 Umgungundlovu Tel: 033 394 0845 Western Cape Cape Town 70 Lusikisiki Tel: 039 253 1951 Tac on the Ground 71 Photo: Eric Miller, courtesy Bread for the World 72 Tac on the Ground “Apartheid classified me as coloured” TAC in the Western Cape TAC began to mobilise in the Western Cape in early 1999. “We had to overcome barriers in our struggle for treatment. Apartheid classified me as coloured. I started going to TAC meetings in 2000 and asking the people next to me to translate. Later I organised meetings in coloured areas like Mitchell’s Plain.” Fredalene Booysen “We started in Gugulethu with our personal networks of friends and comrades, then went walkabout and talked to people in homes on the street, in buses and taxis, shebeens, shops and clinics.” Sipho Mthathi “Once Gugs, Nyanga and New Crossroads had strong branches we targeted Old Crossroads and Phillipi.” “In TAC we are not comrades who only toyi-toyi. The community can see TAC in Khayelitsha helping people after shack fires and mobilising against rape and other violent crime.” Mandla Majola Nobom Twaise Photo(left): Darryl Cotton 73 Fighting for health workers In May 2007, facing terrible working conditions, health the summary dismissals without hearing of no less workers went on strike. Health workers are considered than 41 health workers in Khayelitsha’s health facilities essential workers. Cosatu had over the years called on unlawful because it will adversely impact on the provision government to sign an essential services agreement with of essential health services. TAC is acting on behalf of unions, which would guarantee that essential services the class of people with chronic medical conditions who continue to run during a strike but also allow health depend on Khayelitsha’s public health facilities.” workers to participate in strike action. But the state failed to do this. said that we were seeking legal relief “to ensure the On 31 May, workers at a facility in Khayelitsha, with the reasonable, rational and effective functioning of health facility manager, agreed to a skeleton staff system that services including emergency, chronic, child and ensured that treatment for patients with chronic illnesses reproductive health services at the Khayelitsha clinics.” would still be available, as well as emergency services. On 26 June, Judge Siraj Desai handed down judgment Nevertheless, the Western Cape government simply and granted an interim interdict ordering the respondents dismissed 41 health workers in Khayelitsha during the to restore the reasonable functioning of health care strike, effectively destroying health worker morale and services in Khayelitsha. Government appealed the crippling the health system. judgment but because the strike ended and the workers TAC immediately took action and filed court papers. Our were reinstated, the case went no further. press statement read “We have asked the court to declare 74 Mandla Majola deposed the founding affidavit. He Tac on the Ground 1. Photo [There should be some photos in Equal Treatment on the strike.] 75 TAC Limpopo members “In 2002 there was no voice about HIV” TAC in Limpopo “In 2002 there was no voice about HIV in Limpopo. We did not know anyone who was living openly. All we heard was ‘prevent it or you will die!’ We heard about TAC through national media. Oupa Fazi contacted the TAC office and Nonkosi Khumalo came to help us set up an office in Elim. Oupa set up branches in Limpopo and inducted a group of leaders. From there more branches were set up across the province.” Thulani Silaule “In 2004, home-based carers in my village told me about TAC’s office in Elim. I came back with posters and pamphlets and we started a Mailskop branch.” Adam Malapa 76 “The Zionist Christian Church in Limpopo has millions of followers. In 2004, our HIV-positive shirts were banned as demonic but these days many church members wear the t-shirt and treatment literacy is in demand. Some people say TAC members who belonged to the church helped bring about this change.” Nkensani Mavasa Tac on the Ground 1. Photo [FRONT COVER OF ONE OF LIMPOPO’S DISTRICT NEWSLETTERS. CAPTION: Limpopo’s district newsletter, edited by Adam Malapa] 77 “We took government head-on” TAC in Mpumalanga “In 2000, Mpumalanga had a denialist health MEC. She didn’t want antiretrovirals in ‘her’ province so she stopped NGOs from providing antiretrovirals to rape survivors and victimised doctors that did. We had to be strategic and work hard.” “I joined a TAC branch in 2003 when there was only one staff member in the province, Thembane. I used to visit clinics with her to raise awareness. We opened more and more branches and trained comrades on treatment literacy.” Isaya Sibiya Bheki Khoza “We had people who led the way, breaking down stigma. Many people, even government officials, come to me for help now.” Thandi Maluka “In 2004, we took government head-on in the national PMTCT [prevention of mother-to-child transmission] campaign. It was our first campaign and we covered a lot of ground, visiting over a thousand homes as well as schools, churches and shebeens.” Bheki Khoza 78 Tac on the Ground 79 “Something that amazed the whole world” TAC in KwaZulu-Natal “We built TAC branches first in urban areas, then in more rural areas. We went door to door, to taxi ranks, shebeens, churches, we worked with community organisations and gave talks at clinics. We were called anti-government, antiANC, and sometimes it felt dangerous to be wearing the t-shirt, but we were losing comrades daily and that was fuelling our anger and our energy.” Patrick Mdletshe “TAC began mobilising in KwaZulu-Natal in 1999. We decided to organise a Global AIDS March for Access to Treatment during the International AIDS Conference coming to Durban in 2000.” Zackie Achmat 80 “I was doing research on youth and HIV when I met TAC in Durban. At first I wanted information but I was drawn closer by the spirit, the vision and the understanding. It was very different from learning about HIV from the ivory towers of university.” Nonkosi Khumalo “I wore the white ‘HIVpositive’ t-shirt at the launch of Tongaat branch. It was my first meeting with a crowd of people living with HIV. There were TAC and National Association of People Living with AIDS comrades, traditional leaders and community members. I was feeling brave and strong to join something that amazed the whole world.” Gugu Mpungose Tac on the Ground “We get no treatment in here - we are dying in numbers” It all started in 2005 when a Westville Prison inmate Photo: Darryl Cotton phoned TAC in KwaZulu-Natal. He said “We get no treatment here. We are dying in numbers.” TAC member Sthembiso Mkhize went to the prison as a visitor, hiding consent forms under his shirt. He smuggled the forms out with the prisoners’ statements. So began a campaign by TAC and the AIDS Law Project to get medicines to prisoners. There was endless red tape. During a visit to the prison, TAC members were stopped by armed guards with dogs. The doctor and nurses that had come to take bloods for CD4 were not allowed into the prison. We sued the Department of Correctional Services on behalf of 15 prisoners who needed antiretroviral therapy. TAC rallied outside the courthouse throughout the case. In June 2006, the Durban High Court ordered the “Some ex-prisoners became TAC volunteers as soon as Department of Correctional Services to provide they were released. It helped them change their lives and antiretrovirals to Westville prisoners. Government appealed integrate into the community,” recalls Phillip Mokoena, but in August was ordered to comply with the court and to TAC deputy chief operating officer. submit a prison treatment plan within a month. “When I saw TAC on TV, I organised prisoners to toyi-toyi The Westville Prison case established the constitutional for treatment. From prison I came straight to TAC and right of prisoners nationwide to access antiretroviral today I am a community health advocate. I am in the therapy. Sadly, some of the complainants and other street committee and I have positive dreams for my life, inmates passed away before the court victory. my family and my community,” says Thobela Vika. 81 “We’ve seen people grow in TAC” TAC in Gauteng “In March 1999, activists took to the streets in Braamfontein and Soweto and visited clinics, hospitals, schools, shopping centres and bars.” Mark Heywood “The monthly meetings at AIDS Consortium became a university of HIV/ AIDS. Scientists, doctors, health workers, unionists, church leaders, lawyers and people living with HIV/AIDS met to discuss treatment and how to lobby government.” Lefa Tlhame 82 Tac on the Ground “At first I think we were a top-down organisation. Branch members used to keep quiet in meetings but now they participate actively and show leadership in dealing with problems at local clinics.” Xolani Kunene “I joined TAC in Tembisa after they helped my neighbour when her daughters passed away. I formed a support group at Pick ‘n Pay where I was a packer, volunteered as a home-based carer, educated at clinics and preached about HIV in churches.” “What TAC gave us is more than money – treatment literacy has empowered us. We’d give training at every meeting. We’ve seen people grow in TAC. We’ve lost count of how many have gone to other jobs, thanks to training and experience in TAC.” “My CD4 count was 3 and I was waiting to die when a hospice nurse said ‘Call my nephew at TAC.’ I never thought I would speak in public or go to places like Mexico or Canada. Through TAC I’ve become a part of the wide world but I also spent time at the hospice and in local communities. TAC has made me a human rights activist, not only for HIV-positive people but for prison inmates, refugees, lesbian, gay, bisexual, transgender and intersex people, everyone.” Mlugisi Dlamini Nokhwezi Hoboyi, TAC Ekurhuleni co-ordinator. Magdaline Phuthi 83 Tooo much! 84 Tac on the Ground Photo: Nick Fletcher, courtesy SING. “Desperation” TAC in the Eastern Cape In 2000, Mandla Majola and Dr Eric Goemaere from Médecins Sans Frontières visited the Eastern Cape, looking for a rural site at which to set up an antiretroviral clinic. When peer educator Portia Ngcaba heard them speak, she volunteered for TAC “out of desperation”. From 2001, TAC became active in the Eastern Cape. “In 2002, we held a night vigil outside the provincial hospital because they were not treating people with AIDS, just sending them home to die. Many people eventually joined us.” Thabang Maseko and Anele Yawa “People would see the t-shirt and ask ‘Where is your office and how can we join?’” Sister Ivy Ntlangeni 85 86 Tac on the Ground Getting treatment to rural areas After TAC and Médecins Sans Frontières successfully as poor infrastructure, clinics without electricity, long rolled out antiretroviral therapy in Khayelitsha, many still distances between facilities across extremely difficult argued that it would not work in rural areas. So TAC and terrain, and too few doctors and nurses. Médecins Sans Frontières set off for rural Lusikisiki in the Eastern Cape. The work of Dr Hermann Reuter was invaluable in making this project work. To address this, Dr Reuter worked to decentralise care. He organised mobile clinics and even mobile doctors, visiting different areas daily. He implemented task-shifting In 2003, Médecins Sans Frontières began to provide to address the serious shortage of skilled health workers. antiretrovirals in the area. At first, residents of Lusikisiki Nurses were trained to initiate and manage treatment and were deeply suspicious of both Médecins Sans Frontières TAC volunteers were trained to assist nurses and provide and TAC. We had to undo misperceptions about HIV and treatment literacy and adherence support. Antiretroviral treatment. therapy was rolled out at a community level. “We went into villages and stayed there, living the same The programme was a success and today Lusikisiki life. In the morning we visited homes, clinics, schools, remains one of TAC’s most active areas. churches, taxi ranks, shebeens and community imbizos. In the afternoons and evenings we held treatment literacy workshops. We used treatment literacy to mobilise in communities,” recalls Sister Ivy Ntlangeni. “Adherence counsellors, community health workers, and empowered service users are the key elements behind programme success – a success reflected in highly satisfactory clinical outcomes, excellent retention, low “We fetched water from the river, cooked and ate with the mortality, and universal treatment coverage,” said a people, and worked day and night,” says Portia Ngcaba. Médecins Sans Frontières and Eastern Cape Department Dr Reuter worked tirelessly to develop a system that could of Health publication in October 2006. deliver antiretrovirals despite numerous challenges such 87 Bullets and medicines in Queenstown Mziwethu Faku recalls “In 2004 fewer than ten people on the hospital task team. Mrs Zephe was ‘away’ so out of every hundred in the Eastern Cape who needed we staged a peaceful sit-in in the hospital corridors. Mr antiretrovirals were on treatment. TAC activists and Mosia, the hospital manager, instructed the police to support group members were among the 55 people who remove us for ‘disturbing the patients’.” died on the waiting list of 142 people from Nomzamo and Ilinge, feeder clinics for Frontier Hospital in Queenstown. The hospital sent a letter ordering clinics to close the waiting lists but we couldn’t even get a meeting with the antiretroviral therapy manager, Mrs Zephe.” 88 Gonyela later wrote “The Queenstown campaign received worldwide media coverage when police dispersed TAC demonstrators with tear gas, batons and rubber bullets. The police brutality was condemned by many Phillip Mokoena continues “When district co-ordinator organisations, including UNAIDS. TAC laid a charge Mziwethu Faku reported this at a provincial meeting, we with the Independent Complaints Directorate against the decided to take to the streets to mobilise communities hospital manager and the police. We gave an ultimatum from Queenstown up to Port Elizabeth and down to to hospital management and the board ‘Respond within Lusikisiki. The night before the march about 500 slept a week or face a bigger march.’ Just before the deadline, in a Catholic Church in Queenstown. We sang songs Health MEC Goqwana called TAC to a meeting. He like ‘Thula mama, kutheni sifela mahala?’ until the promised that an ANC provincial team would assess and walls echoed. We were young roaring lions of TAC, tired advise on the hospital’s antiretroviral programme within of seeing our brothers and sisters dying, demanding six months and asked us to call off the march… change.” Images courtesy of CMT Sipho Mthathi, Linda Mafu, Nathan Geffen and Masizole “Over 1,000 people marched to Frontier Hospital and the Faku explains “On 12 July 2005, 700 TAC and police station and this time the reaction was peaceful. community members marched from Freedom Square in Over the next few months Frontier Hospital took on the town centre to Frontier Hospital. Even nurses joined treatment literacy practitioners. TAC representatives joined us. Our demands? Twenty more people on antiretrovirals the antiretroviral task team. Four hospitals in the district every month and people with HIV and TAC representatives were accredited as antiretroviral sites. Progress!” Tac on the Ground 89 Photo: Molahlehi Taba Sello Mokhalipi speaking in Bloemfontein. (Left) Sello’s leadership was indispensable in helping to revert the Free State crisis of 2008. The TAC national office also staged an action in Cape Town. (Right) The crisis in the Free State: 30 deaths a day Sello Mokhalipi, TAC’s leader in the Free State, recalls African HIV Clinicians Society estimated that during the “On 13 September 1996 my entire world crashed when moratorium, which lasted four months, there were 30 I was told I was HIV-positive. Surrounded by stigma and extra deaths a day. discrimination, I was just waiting for death. Then TAC gave me back my life: access to treatment, training and courage to fight for human rights. I left Gauteng to grow TAC in the Free State where the rollout was very slow.” government to lift the moratorium through letters, pickets and engagement with the South African National AIDS Council. The Free State AIDS Coalition was In late 2008, Sello alerted TAC to the crisis in the Free formed, bringing together civil society organisations in State “The clinic staff said they were instructed not to put the province. TAC and the AIDS Law Project provided new patients on antiretroviral therapy and many patients advocacy training for the Coalition and Sello became the already on treatment were forced to default as they could Coalition spokesperson. not access treatment.” In March 2009, the moratorium was finally lifted. TAC Before the moratorium, the antiretroviral rollout was and the Coalition continue to monitor the situation in already problematic and almost a quarter of patients the Free State. However, problematic budgeting by the in the rollout died while waiting for treatment. The provincial health department continues to affect health moratorium threw the province further into crisis and care delivery in the province. resulted in hundreds of avoidable deaths. The Southern 90 TAC and the AIDS Law Project put pressure on Tac on the Ground 1. Photo 91 92 Defending our Rights 93 Campaign against rape Akona Ntsabula says “I was beaten up, raped and left half naked with petrol poured on me. Breaking the silence saved my life. I joined TAC in 2003 and through TAC I am where I am today. I learned to live positively with HIV and accept that I am a rape survivor. Today I am an out and proud lesbian with a partner who loves me and my children. Women’s leadership training empowered me to fight for women’s rights anywhere.” Our national rape statistics are the worst in the world for a country not at war. Violence against women is a major public health and human rights problem in South Africa, which the National Strategic Plan identifies as one of the factors driving the HIV epidemic. “Every 26 seconds, a woman is raped, every six hours a woman is murdered by her partner,” says former TAC women’s rights co-ordinator Nomfundo Eland “and black lesbians are targeted for so-called ‘educational’ or ‘corrective’ rape.” As Bulelani Mvotho explains “Our members are mainly young women who face domestic abuse and violence compounded by HIV and so find their cause at TAC.” Lindiwe Mbatha tells her story “In the past I was abused but now I am a person who can stand up for my rights. Even my husband knows that. He used to shout at me in front of the children but now we can sit together and discuss matters. In TAC I learned, for the first time in my life, that we are not nothing, we have rights on this earth. I have learned to make my own decisions and now I can teach other women.” 94 Defending our RIGhts 95 Image courtesy of CMT The murder of Lorna Mlofana Vuyiseka Dubula remembers Lorna as a “shy person who Lorna’s tragic death compelled us to ensure that justice always smiled”. She may have seemed shy at first but the was served for both Lorna and “for people like us – poor young 21-year-old mother was an activist who was vocal people living with HIV and AIDS,” says Phumeza Runeyi, about her HIV-positive status. She worked in Khayelitsha a fellow activist of Lorna’s. Members of TAC marched to as a TAC health educator. When her CD4 count dropped the shebeen and to the police station. to one and she had to start using antiretrovirals, Lorna used her own experience not only to motivate but also to Lorna Mlofana dispel beliefs that others had about the “toxic” drugs. In December 2003, after a tough year of campaigning for access to treatment and training advocates and Mandla Majola recognised that “TAC would have to push and stretch the justice system. If we had not put pressure on the police, nothing would have been done.” “We went door to door and to schools, churches and counsellors in Langa and Hout Bay clinics, TAC’s staff clinics, to educate people about health services and planned a beach party just in time to celebrate TAC’s access to justice for rape survivors. We advertised court upcoming fourth anniversary. Although the party was dates and mobilised supporters inside and outside court postponed due to bad weather, Lorna and her friends for all the hearings,” says Vathiswa KamKam. didn’t want to miss out on the occasion so they stopped Meanwhile, other members liaised with the legal team at a shebeen in Town Two in Khayelitsha. When Lorna went to the toilet, a man followed her and had sex with her, possibly raping her. After discovering her HIV status, the man beat her to death. His friends joined in on the assault, believing that Lorna was deliberately spreading AIDS in the township. Lorna died before reaching hospital. from the Women’s Legal Centre, AIDS Law Project and Legal Resources Centre. “Supporters of the accused tried to intimidate us but we put pressure on the police investigators and prosecutor to do their jobs,” explains Phumeza. Justice for Lorna? In December 2005, after TAC members attended every “Justice was served for our two comrades who were raped one of the over 20 court hearings, the court found two and murdered but it has failed me as a rape survivor and people guilty. The first accused was found guilty of rape is becoming more common in the community,” says murdering and raping Lorna. The second accused was Fumana Ntlonto. found guilty of attempted murder. 96 But unbeknown to TAC at the time, the first accused In 2005, Nandipha Makeke, an 18-year-old TAC member, in the Lorna case appealed – his rape conviction was was raped and murdered in Khayelitsha. TAC again overturned and his murder conviction changed to mobilised, attending court hearings and demonstrating aggravated assault. He was recently released from prison for justice to be done. Her two killers were also eventually after serving only a few years. So was there justice in the found guilty. Lorna Mlofana case? Defending our RIGhts 97 Photo: Devon Manz Comrade Linda Mafu at work for TAC Breaking the silence Linda Mafu was TAC’s national organiser. She is now I found an emotional home in the freedom struggle. I Africa Co-ordinator of the World AIDS Campaign. This is became an outspoken young woman leading the gender her story. desk but women’s rights were not a priority at that time “When I was eight a man in my home started to touch and rape was not addressed. Twice I was almost raped me in a sexual way. My parents didn’t believe me as he by trusted comrades but I had strong support from some was a trusted family member, 24 years old, with access women and men. It took four years of counselling to learn to beautiful women, so why would he touch me? This to cope with what had happened in my life. We need gave the perpetrator licence to rape me and when I dared space for the silent voices to come out and find a home to say ‘No’, he beat me. I tried to escape my reality by in TAC. reading books. Then in Grade 9 I tried to take my life. We need space for women to talk about painful When I woke up in hospital, I cried tears of anger. The experiences without being judged and stigmatised. We social workers sent me home. My teachers said ‘Finish must fight for access to justice: from police, social workers your education and then you can leave home.’ People in and doctors who don’t want to sign the police form the community didn’t want to ‘interfere’. At 17 I again because they don’t want to go to court. We must change tried to take my life and again the system failed me. the courts and fight for ongoing psychosocial support for survivors.” 98 Defending our RIGhts 99 100 Defending our RIGhts Changing attitudes to women To respond to the criminal justice system’s failure to address violence against women, TAC has committed to a campaign of access to justice for survivors of gender violence. In 2005, in partnership with Engender Health and their programme, Men as Partners, TAC’s National Congress mandated every branch to start separate forums for women and men to talk about their own experiences and challenges around gender-based violence at home, in the workplace and in the community. Learning about gender-based violence and its link with HIV is part of TAC’s treatment literacy curriculum. TAC is also campaigning for one-stop centres for rape survivors, specialised training for the police, visible policing and street lighting. “This campaign can be won, like many others in the past, through awareness education and broad-based community organising.” Nomfundo Eland “In my village the women are downcast, they agree with everything the men say or do. If they say no they are beaten to hell, chased away or even killed. We need to empower women.” Hellen Nkuna 101 “Human rights are for all people, no matter what their sexual orientation” Thandi Maluka, co-ordinator of Mpumalanga’s Gert “That day I became a feminist! I phoned Nono Eland, Sibande district, recalled the start of TAC’s first LGBTI head of TAC’s women’s sector, to strategise. I called sector for lesbian, gay, bisexual, transgender and intersex Cutting Edge, a local television programme, who did people. an exposé of the police station. TAC went door to door “Human rights are for all people, no matter what their sexual orientation. But gay men are often targeted as ‘unAfrican’ and many lesbian women have been victims of so-called ‘corrective’ or ‘educational’ rape, or murder. In 2007, TAC member Shirley Phangisa, a young lesbian woman, was raped by two young men who broke into her awareness about rape and human rights. People were open-minded, wanting information. Closet lesbians told their stories and some joined us. One gogo called her granddaughter: ‘Get out of this pretending – here are friends for you.’ house at midnight to ‘change’ her. Later Shirley told me “We marched to the police station with our memo ‘It’s no use going to the police – they don’t take lesbian demanding access to justice for lesbians and better cases seriously,’ but we went together. treatment for all rape survivors. The young men were Us: We’ve come to make a case. We want to speak to a policewoman in private. Police office: Why? Shirley: I’ve been raped by two men. Police officer: You look like a boy – why would they want to rape you? arrested and appeared in court three times. TAC members were there to support Shirley. The case was dismissed for ‘lack of evidence’ but we campaigned until the DNA evidence was ‘found’ and the case was reopened in 2010. “TAC is a home for all! Suspicion, fear and stigma are still there but many lesbians are out of the closet and there are Me: She’s a woman and rape is a serious crime – do brave role models. We work closely with People Opposed your job. to Women Abuse, Forum for the Empowerment of Women Officer: Just sign this statement, boy. and OUT to end discrimination and hate crimes. We need Me: This is not what she told you. I demand to see to fight until we get the Constitution for everyone!” your station commander… 102 for three days visiting huts, shacks, houses, to raise Defending our RIGhts Photo: Jodie Bieber for Aciton Aid Phumela Masuka and Atarcia Maila are an openly gay couple who live together in Soweto. Phumela is a corrective rape survivor. 103 Xenophobic violence In May 2008, violence of another kind hit the headlines. consult if they were on treatment for HIV or TB and we In communities across South Africa, people from other accompanied them to the clinics.” African countries were chased from their homes and Faniswa Filani tells of a first-hand incident “Suddenly businesses. At least 50 people were murdered. Many all the South Africans on the bus were shouting at two were injured in mob attacks, and there were reports of Zimbabwean men ‘Kwirikwiri, get out!’ I shouted ‘Don’t rape. In the Western Cape, TAC formed a civil society insult our brothers – they helped us in the struggle’ and task team to co-ordinate a humanitarian and political everyone turned on me ‘Are you working for foreigners?’ response, including litigation, and provide a forum for ‘Are you married to one?’ The Zimbabweans jumped off leaders of the displaced people. The Cape Town offices the bus and the others wanted to beat me but I argued of TAC, the AIDS Law Project, Sonke Gender Justice and in Xhosa, showing my t-shirt from the anti-xenophobia the AIDS Rights Alliance became a disaster relief centre. march. In the end they said ‘We’ll leave you this time’ and TAC’s office in Khayelitsha became a distribution point for we all went to work.” emergency relief. Regis Mtutu, TAC’s former international co-ordinator, Tantaswa Ndlelana explains “When attacks and looting tells why the organisation had to become involved in happened in KTC (Nyanga, Cape Town), immigrants fled something beyond our usual mandate “TAC cannot to the hall. TAC served on the anti-xenophobia committee keep quiet when our ‘foreign’ brothers and sisters suffer in Nyanga. Some of us went to help and keep watch, xenophobia – we try to educate our communities about others to have their hair done to support the immigrants’ the Constitution which guarantees everyone the right to business. We wore our t-shirts so they knew who to life and dignity, including access to health services.” Photo: Samantha Reinders 104 Photo: Samantha Reinders Defending our RIGhts “TAC is for all the people – just forget about xenophobia.” Norute Nobola 105 106 making headlines 107 Photo: Eric Miller courtesy Bread for the World 108 making headlines Getting it right with the media Veteran journalist Pat Sidley wrote this about TAC “For many journalists of my vintage, the activists were manna from heaven; they even invoked some nostalgia for the anti-apartheid struggle of old. They were always available, returned phone calls (most of them) and provided mountains of useful, interesting information. They were dealing with a series of complex medical and legal questions, and were always available to teach and explain. Pharmaceutical companies, evasive and secretive at the best of times, retreated further into their shells.” From the outset, TAC valued its relationship with journalists and worked hard to improve HIV reporting. We trained community journalists. We also published a magazine, Equal Treatment, which has now had over “I joined TAC in 2004, and ever since 2006 I have been a passionate journalist, submitting photographs and articles to Equal Treatment and comments on websites. I love working with a camera and video. I am so passionate about writing for a good cause.” Adam Malapa 30 issues. TAC has also had a close relationship with Community Media Trust, who have made eight series of the fantastic HIV magazine programme, Siyayinqoba Beat It! TAC’s strategy is successful because we have invested our efforts in four pillars: understanding and using the law, doing high-quality accurate research, mobilising people in communities, and dealing effectively with the media. For any activist organisation or social movement, it is essential to be reasonable and to come across as reasonable to the general public. TAC has got this right. Many other activist movements have struggled with this. 109 How TAC journalists uncovered deaths in Delmas In 2005, TAC trained about 30 of its leading members staff members at Delmas Hospital, claims by the Delmas to become community journalists. The aim was that community and my own investigations. they would write important community stories about health. We also hoped that some of them would become sufficiently well trained to become full-time journalists. Carohn Cornell did intensive writing training with the trainees. Shepi Mati taught them how to conduct reported to me that the diarrhoea outbreak started in June and that the number of deaths has been greater than reported… interviews. Community Media Trust taught them how to “I spent Friday afternoon locating families of people who use video and take photographs. contracted diarrhoea and died. I located six in just a short Sydney Masinga was one of the trainee journalists. After the course, there were reports of a diarrhoea outbreak in Delmas, Mpumalanga. Sydney and TAC Mpumalanga space of time. I personally saw three death certificates stating typhoid as the cause of death and this was still when the official death toll was two… members went to investigate. They discovered that the “I also spoke to community members who said that province was under-reporting, possibly intentionally, the Delmas usually has about ten funerals a week, but last deaths caused by the outbreak. We broke the story and it week Saturday there were 21. On Saturday I spoke made headlines. to a local clergyman, Pastor Budha, who as part of “The Mpumalanga health department claimed on Friday that there have been three typhoid deaths in Delmas and 483 cases of typhoid. Symptoms of the disease are also being reported to have been first noticed in August. “The number of deaths caused by the outbreak of typhoid and diarrhoea is contradicted by reports I have received by 110 “Two staff members at Delmas Hospital have separately his job presides over funerals. He has witnessed an increasing number of these and has complained to the local newspaper that government is underestimating the number of deaths.” Today Sydney is a full-time journalist. making headlines TAC members at community journalist training 111 Photo: Locker 14 112 making headlines Presenters from Beat It! Beat it! Siyayinqoba Beat It! is South Africa’s only HIV magazine television programme. It is produced by TAC’s ally, Community Media Trust. It is now in its eighth series. TAC leaders like Busisiwe Maqungo, Lihle Dlamini and the late Vuyani Jacobs have been key contributors on the show. Hundreds of TAC members have been interviewed and have appeared on it. It has provided reliable, scientifically based information to people with HIV and their families, friends and caregivers. One million people watch the show weekly and now there are 26 episodes per season. It has been a critical way for TAC to convey its messages to working-class people across the country. Despite its high-quality and important content, nearly every season Community Media Trust has had to fight with the SABC or, before 2004, with ETV to have the series shown. 113 “We read it from cover to cover” TAC’s magazine, Equal Treatment “With Equal Treatment you get informed about the latest magazine. TAC’s prevention and treatment literacy education. We use it as an educational tool, both inside practitioners often refer to issues of ET when they do talks TAC and with other organisations. We read it from cover to on HIV at public health facilities. ET is now translated into cover,” says TAC’s Western Cape treasurer, Yozi Lungelo. different local languages. Members were so excited when In February 2001, Darryl Cotton worked with Jack Lewis, Zackie Achmat and Nathan Geffen to publish the first rural areas.” issue of Equal Treatment, or ET as it is affectionately TAC’s electronic newsletter was pioneering. Very few known. From a 4-page newspaper, Equal Treatment has activist organisations had a free subscription newsletter blossomed into a 32-page glossy distributed throughout list in 2000, when TAC’s newsletter began. Today, no the country, including at book stores and by mail. Later activist or political group can do well without one. it was edited by Thembinkosi Mtonjeni and Bongiwe Mkhutyukelwa, then by Nathan Geffen, Nokhwezi Hoboyi and Jo Gorton. The current editor is Marcus Low. Former ET editor and current Ekhurhuleni District coordinator Hoboyi explains “Equal Treatment simplifies scientific jargon into language that is understandable to local communities. TAC members and community members look forward to receiving new issues of the 114 this started as the magazine can now be understood in TAC’s website has been a valuable research tool. Although it has never managed to be pretty, it has contained a wealth of information and gets about 10,000 visitors a month. In recent years, TAC has begun producing district newsletters. These have grown in quality and become very popular. making headlines Photo: Sofia Tosolari 115 Photo: Samantha Reinders 116 making headlines The Generics In 2003 TAC’s choir, the Generics, produced an album called Jikelele. This is the lead song from the album. Jikelele Jikelele Jikelele (All over, all over, all over) Nevirapine siyayazi ikhusela abantwana kwiHIV (We know nevirapine prevents babies from getting HIV) Jikelele (All over) MTCT (mother-to-child transmission) MTCT MTCT MTCT MTCT MTCT 117 Sources Dozens of TAC members were interviewed for this book by Community Media Trust Archive: Carohn Cornell. www.beatit.co.za/archive/index Steven Friedman and Sharon Mottiar, Eduard Grebe, TAC’s website: www.tac.org.za Steven Robins and Rebecca Hodes shared transcripts of interviews done in the course of their research, 2002–08. Equal Treatment, TAC’s magazine: www.tac.org.za/community/equaltreatment TAC’s photo archive stored at Designs 4 Development SECTION27 website (formerly AIDS Law Project): www.section27.org.za Further reading Books Abdool Karim Q, Abdool Karim SS. 2010. HIV/AIDS in South Africa, 2nd edition. Cambridge University Press AIDS Law Project. 2003. The Price of Life: Hazel Tau and Others vs GlaxoSmithKline and Boehringer Ingelheim. A Report on the Excessive Pricing Complaint to South Africa’s Competition Commission. Johannesburg Cameron E. 2005. Witness to AIDS. London: I.B. Taurus & Co Cullinan K, Thom A. 2009. The Virus, Vitamins and and the Struggle for Antiretrovirals in South Africa. Pietermaritzburg: University of KwaZulu-Natal Press Openheimer GM, Bayer R. 2007. Shattered Dream? An Oral History of the South African AIDS Epidemic. New York: Oxford University Press Steinberg J. 2008. Three-Letter Plague. Johannesburg: Jonathan Ball Publishers Articles Achmat A. 2004. Edited Transcript of Zackie Achmat’s Vegetables: The South African HIV/AIDS Mystery. Speech at the Opening of the People’s Health Johannesburg: Jacana Media Summit. http://www.tac.org.za/Documents/PHS/ Geffen N. 2010. Debunking Delusions: The Inside Story of the Treatment Action Campaign. Johannesburg: Jacana Media Govender P. 2007. Love and Courage: A Story of Insubordination. Johannesburg: Jacana Media 118 Nattrass N. 2007. Mortal Combat: AIDS Denialism ZackieAchmatOpeningAddressPHS.txt Achmat A. 2005. Founding Affidavit in TAC Intervention as Amicus in Minister of Health and Other versus New Clicks and Others Achmat A. 2005. Founding Affidavit in TAC versus Rath Chapter 1 in Democratizing Development: The Politics Defamation Interdict Case. of Socio-economic Rights in South Africa, University http://www.tac.org.za/Documents/Court_Cases/Rath/ of Oslo Defamation/TAC-Achmat-1.pdf Achmat A, Roberts R. 2005. Steering the Storm: TB and Heywood M. 2009. South Africa’s Treatment Action Campaign: Combining Law and Social Mobilization to HIV in South Africa: A Policy Paper of the Treatment Realize the Right to Health. Journal of Human Rights Action Campaign. http://www.tac.org.za/Documents/ Practice 1(1): 14–36 TBPaperForConference-1.pdf Friedman S, Mottiar S. 2004. A Rewarding Engagement? Heywood M. 2010. Justice and the Treatment Action Campaign. In Zuma’s Own Goal, Losing SA’s War The Treatment Action Campaign and the Politics of on Poverty (eds) Maharaj B, Desai A, Bond P. Africa HIV/AIDS. Centre for Civil Society and the School of World Press Development Studies research report, Durban Geffen N. 2001. Cost and Cost-effectiveness of Mother-toChild Transmission Prevention of HIV. TAC Briefing Paper. www.tac.org.za/Documents/MTCTPrevention/mtctcost.rtf Geffen N, Nattrass N, Raubenheimer C. 2003. The Cost Heywood M. 2010. Civil Society and Uncivil Government, The Treatment Action Campaign versus Thabo Mbeki, 1998–2008. In Mbeki and After (ed.) Daryl Glaser. Johannesburg: Wits University Press Nattrass N. 2008. AIDS and the Scientific Governance of HIV Prevention and Treatment Interventions in of Medicine in Post-apartheid South Africa. African South Africa. CSSR Working Paper No. 28 Affairs 107(427): 157–176 Heywood M. 2002. Debunking ‘Conglomo-talk’: A Nattrass N, Geffen N. 2003. Providing Antiretroviral Case Study of the Amicus Curiae as an Instrument Treatment for All who Need it in South Africa. CSSR for Advocacy, Investigation and Mobilisation. Law, Working Paper No. 42 Democracy and Development: AIDS Law Project Heywood M. 2003. Preventing Mother to Child HIV Transmission in South Africa: Background, Strategies and Outcomes of the TAC Case against the Minister of Peacock D, Budaza T, Greig A. 2006. ’Justice for Lorna Mlofana’: The Treatment Action Campaign’s AIDS and Gender Activism. Centre for Conflict Resolution Robins S, Colvin C. 2009. AIDS Activism in South Africa: Health. South African Journal of Human Rights 19(2) From Social Movements to Support Groups. In HIV/ Heywood M. 2004. Price of Denial. Development Update AIDS in South Africa 25 Years On: A Psychological 5(3). Interfund Heywood M. 2005. The Achilles Heel: The Impact of HIV/ AIDS on Democracy in South Africa. In HIV/AIDS in Perspective (eds) Rohleder P, Swartz L, Kalichman S. New York: Springer Skordis J, Nattrass N. 2002. Paying to Waste Lives: The South Africa (eds) Karim Q, Karim SS. Cambridge Affordability of Reducing Mother-to-Child Transmission University Press of HIV in South Africa. Journal of Health and Heywood M. 2005. Shaping, Making and Breaking the Economics. September, 21(5): 927 Law in TAC’s Campaign for a National Treatment Plan. 119 TAC donors TAC is very grateful fot the support that we receive and we would like to thank all organisations and individuals for their contributions. See below a list of institutional donors who have contributed to TAC. 120 Action Aid International Idols Gives Back Foundation AIDS Consortium Interfund AIDS Foundation of South Africa International AIDS Vaccine Initiative AIDS Law Project John M Lloyd Foundation American Centre for International Labour Solidarity Kaiser Foundation American Jewish World Service Levi Strauss Foundation Anglo American Corporation Médecins Sans Frontières Artists for a New South Africa Multi Agency Grants Initiative Atlantic Philanthropies Nadine Gordimer Australian High Commission National Association of People Living with AIDS Bill & Melinda Gates Foundation Norwegian Church Aid Bread for the World Open Society Institute Canada Fund Open Society Foundation for South Africa Centre for Economic Governance and AIDS in Africa OXFAM Great Britain Comic Relief – FOTAC OXFAM Australia Comic Relief – SING Public Welfare Foundation Community Foundation Rockefeller Foundation Department for International Development UK Royal Netherlands Embassy Embassy of Belgium Secours Populaire Francais Engender Health Sigried Rausing Trust European Union Foundation for Human Rights South African Development Fund European Coalition of Positive People - Australian Federation of AIDS Organisations European Union - Broadway Cares Fogarty Foundation - The ARCA Foundation Ford Foundation - Tides Working Assets Free SA - Treatment Action Group Gesso Foundation South African AIDS Training Programme Global AIDS Alliance Stephen Lewis Foundation Global Fund Swedish International Development Agency HIVOS [explain] UNAIDS Photo: Samantha Reinders 121 “TAC members – mostly women, young, black and poor – took on South Africa’s former president and his administration, the local and international pharmaceutical industry, and the US government, and they won. How did they do it? That’s what a TAC history needs to explore.” Pregs Govender, South African Human Rights Commission “TAC is an outstanding non-governmental organisation, created by the South African people, for the South African people, in solidarity with people all over the world affected by HIV and AIDS. Tragically, South Africa has lost countless men, women and children who were denied the fundamental right to health care. It is an honour to be associated with TAC in the continuing struggle. Viva TAC. Viva!” Annie Lennox, musician and recording artist “Why has TAC’s work been important? The struggle for treatment is crucial in and of itself. However, as a social movement TAC has also demonstrated the importance of holding power to account to meet the needs of the electorate.” Andrew Feinstein, Friends of TAC United Kingdom “TAC was responsible for educating me about the realities of HIV/AIDS. I arrived as British High Commissioner in South Africa just before the Durban Conference in 2000. TAC was vocal and effective there, and elsewhere, especially in lobbying the drugs companies and government. “But what really got me involved directly was observing TAC volunteers at their workshops. So many organisations speak on behalf of other people ‘less fortunate than themselves’. TAC was made up of those most affected – mostly women, young, impressive, well organised, challenging and extremely well informed. I was and remain inspired.” Ann Grant, former British High Commissioner to South Africa 122
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