SECTION27 is a public interest law centre that uses and develops the law to advance human rights.
SECTION27 made a submission to the Department of Health on 22 April 2011 on the draft National Health Amendment Bill, 2011 (“the draft Bill”). In so doing, it recognised the publication of the draft Bill as the first legislative step towards the establishment of a single, accountable and structurally and operationally independent Office of Health Standards Compliance (“Office”) with jurisdiction over the private sector and the public sector at all spheres of government. Importantly, however, SECTION27′s submission came to the conclusion that the proposed Office, as contemplated by the draft Bill, does not have an adequate level of structural and operational autonomy. SECTION27 is of the view that the proposed mandate of the Office cannot be discharged effectively unless it has an adequate level of structural and operational autonomy.
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SECTION27 is becoming increasingly aware that some medical schemes try to narrow the scope of the benefit options they offer when it comes to processing claims. This may be done, for example, by mischaracterising claims so that they fall outside benefit options, improperly imposing late joiner penalties and waiting periods, or failing to cover prescribed minimum benefits as required by law. Such practices are unlawful and violate the rights of scheme members who are forced to incur out-of-pocket medical expenses in circumstances where they are covered by their benefit options. In some cases, they may also be prevented from accessing necessary health care. Our client, IE, has been HIV positive for 20 years and participated in early trials of antiretroviral (ARV) medicines before the conventional treatment regimens became available. As a result of his exposure to various ARV medicines and regimens over an extended period, IE began to develop fatty growths on his back and neck and was diagnosed with ARV-related lipodystrophy. On the recommendation of his physician, IE applied to Bonitas Medical Fund (Bonitas) for authorisation for the surgical removal of the fatty growths on his body. Bonitas, however, refused to cover the medical procedure on the basis that it considered the procedure to be cosmetic surgery. There was no medical basis for this decision. Bonitas failed to consider all the relevant information before it and mischaracterised the claim as cosmetic in order to avoid its legal obligation to cover IE’s costs. Following SECTION27′s intervention on behalf of IE, the claim was authorised with retrospective effect and IE was reimbursed most of his out-of-pocket expenses.
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Cabinet recently resolved to ask Parliament to take the necessary steps to enable South Africa to ratify a decision taken by the World Trade Organization (WTO) on intellectual property and access to medicines. At its meeting held on 16 March 2011, Cabinet decided to request Parliament to – – ratify the WTO decision on the implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health; and – deposit “an instrument of ratification … with the WTO.” As organisations that are committed to ensuring universal access to essential medicines, as an integral part of the constitutional right to have access to health care services, TAC and SECTION27 call on Parliament not to ratify the decision. In this press statement we explain why we make this call.
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An analysis of s. 29(1)(a) of the South African Constitution and the right to equality as applied to basic education. SECTION27 are pleased to publish a draft research paper on “The Right to an ‘adequate’ and ‘equal’ education in South Africa: An analysis of s. 29(1)(a) of the South African Constitution and the right to equality as applied to basic education” by respected Canadian constitutional lawyer, Vince Calderhead. We would welcome comments and inputs on the paper.
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The 5th meeting of the Budget and Expenditure Monitoring Forum heard that funding for public health care in the Eastern Cape and Gauteng were in crisis and discussed what needs to be done to resolve many of its causes.
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SECTION27 hosts groundbreaking Southern African Regional Activist Dialogue on a proposed Framework Convention on the Right to Health (FCGH) 1. Report on Southern African Dialogue 2. Programme 3. Participants list 4. Discussion Document
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SECTION27 to host groundbreaking Southern African Regional Activist Dialogue on Strengthening Campaigns for the Right to Health and why we need a UN Framework Convention on the Right to Health. This year a million people will die of HIV in Eastern and Southern Africa. Hundreds of thousands more will die of easily preventable diseases. Infant and maternal mortality remains intolerably high across the region. This situation demands an enhanced and urgent response to health, yet health systems are under enormous strain, many governments are lukewarm in their response to health and international donor assistance is flagging or going into reverse, particularly the commitment to fund universal access to HIV treatment.
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The proposed Methodology for International Benchmarking of Prices of Medicines and Scheduled Substances in South Africa seeks to introduce an addition to the state’s regulatory tools used to ensure that medicines are appropriately priced in South Africa. As a public interest law centre that seeks to influence, develop and use the law to protect, promote and advance human rights, SECTION27 welcomes the publication of the proposed methodology and this opportunity to make further submissions to the Department of Health (DoH).
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After stalling for some time, negotiations for an economic partnership agreement (EPA) between the European Union (EU) on the one hand and the Southern African Customs Union (SACU), Mozambique and Angola on the other have recently restarted. According to an article published in Business Day on 10 February 2011, Xavier Carim – Deputy Director-General for international trade at the Department of Trade and Industry – is reported to have indicated that the EPA “should strike a balance between the levels of market access, regional harmonisation of rules, customs co-operation and safety, enforcement of intellectual property laws, competition, investment and procurement.”
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The fifth Budget and Expenditure Monitoring Forum (BEMF) will take place on Friday, 1 April 2011 from 10:00 to 14:00 at the SECTION27 offices in Braamfontein, Johannesburg. The BEMF draws together individuals and organisations from civil society to focus attention on the state’s health budgeting and expenditure.
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Legal advice
Understanding NHI
