Department of Health says court judgment overturning ARV tender will not affect supply

The Department of Health (DoH) has reassured the public that a recent High Court judgment overturning certain antiretroviral (ARV) medication tenders will not impact the ongoing supply of these life-saving drugs. The Pretoria High Court's decision on October 20 overturned parts of R15.5 billion in tender allocations and granted the department 120 days to re-allocate the awards.

Two pharmaceutical companies, Cipla Medpro Manufacturing and Hetero Drugs, contested the tenders. The court ruled in favor of Cipla, granting it three awards worth R214 million, while Hetero received five awards worth R678 million. However, Cipla challenged the awards for Item 13 and Item 23, which pertained to the one-month and three-month packs of HIV treatment medications. Acting Judge Graham Girdwood found these specific awards unconstitutional and invalid.

The court acknowledged Cipla's long-standing history as an ARV manufacturer, with the capacity to supply more than half of the estimated demand for Item 13 and nearly half for Item 23. Girdwood also disqualified Innovata and Viatris from reconsideration due to expired licenses. The judge emphasized that these companies should not have been considered beyond the initial stage.

The DoH welcomed the court's decision, affirming its commitment to fair, transparent, and legally compliant procurement processes. They pledged to maintain the value for money, public confidence, and the continuous availability of high-quality ARV medication. The department assured that the judgment will not disrupt ARV distribution, and patients will continue to have access to their necessary medication.