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Court orders Health Department to publish Covid-19 contracts

File


The Pretoria High Court has ordered the government to provide access to its Covid-19 vaccine procurement contracts.

Thursday's judgment was welcomed by the Health Justice Initiative, which instituted legal action against the Minister of Health.

Director, Fatima Hassan, said in a statement that the court ordered that "all COVID-19 vaccine contracts must be made public within 10 days."

"This is a massive victory for transparency and accountability," she said.

Hassan said the government contracts concern substantial public funds, and the contracting process has been marred by allegations that the government procured vaccines at differential, comparatively inflated prices.

She added that the "agreements may contain onerous and inequitable terms including broad indemnification clauses, export restrictions, and non-refundability clauses."

Hassan said the judgment also sets an important precedent, especially as the government pursues the National Health Insurance scheme.

"With increasing reports of corruption within the healthcare sector, we cannot have a healthcare system shrouded in secrecy. Procurement must be held in check, as it will involve powerful multinational companies, particularly from the pharmaceutical industry," she said.

The National Employers Association of South Africa also welcomed the judgment as a notable step toward transparency and accountability in the pandemic response.

"This ruling marks a notable step toward transparency and accountability in the pandemic response. Whether the Government will heed the judgment or fight the matter all the way to the Constitutional Court, remains to be seen."

"In the meanwhile, NEASA applauds the HJI on their fight against one of the biggest shams the world has ever experienced, as well as their efforts to expose all," Neasa said.

Health Department spokesperson, Foster Mohale, said the Department would first study the judgment before commenting.