State of emergency

Declaring a state of emergency to access generic drugs used in treating HIV/AIDS was not necessary, President Thabo Mbeki told the National Assembly on Wednesday. Replying to the Leader of the Official Opposition, Tony Leon, the president said as far as the government was aware, there was no country that had declared a national emergency on these grounds. Moreover, declaring a national emergency simply to access any drugs, would send a signal that tended to narrow the response to AIDS in the issue of one particular drug. In terms of Section 37 of the Constitution and the State of Emergency Act of 1997, a state of emergency could be called only when the life of a nation was threatened by war, invasion, general insurrection, disorder, natural disaster or any other public emergency. And then only when the declaration is necessary to restore peace and order, Mbeki said. Mbeki said the issue of declaring a national emergency in the event of an epidemic stemmed from a debate on how to effectively use provisions of the World Health Organisation's TRIPS accord to facilitate the issuing of compulsory licences for drugs that still enjoyed patent protection. That is why the government would await the decision of the High Court, as well as the report of the Presidential Advisory Council Team, before evaluating its current policy on AIDS, should there be any need, Mbeki said. (Source: SAPA, 14 March 2001)