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Statement on South African Drugs Agreement

By: Reuters
The New York Times, April 19, 2001

Pretoria- The following is a joint statement issued by the Pharmaceutical Manufacturers' Association of South Africa (PMA) and the South African government on Thursday.

The PMA earlier withdrew its court case against Pretoria.

"The Parties have reached an amicable settlement of the referenced litigation currently pending before the High Court of South Africa and in consequence, the reference applicants agreed to withdraw from the present legal action. The parties agreed that the challenges of accelerating access to care and treatment for the diseases that affect the health of the South Africa population require cooperation and partnership from all the stakeholders. 

The pharmaceutical industry, whose primary role in addressing these health challenges is to continue its investment in the search for new medicines and vaccines, wishes to work together with the government and citizens of the Republic of South Africa to help them achieve the greatest health benefits for the largest number of people -- particularly with respect to the widespread and heavy burden that the emerging and re-emerging communicabl e a commitment to work together to implement the government's health care objective le diseases are taking on South Africa's families, communities and economy. The parties share and strategies, each contributing resources and expertise as appropriate.

"In furtherance of this commitment, the ministry of health shall invite a working party from the pharmaceutical industry, and also request members of the public, to consult with the government in relation to the regulations currently in development and other measures as may be necessary that will implement and give effect to the Medicines and Related Substances Control Amendment Act, Act 90 of 1997, including section 15c thereof. The industry welcomes and looks forward to the opportunity to join with the government in its important work.

"The government of the Republic of South Africa reiterates its commitment to honour its international obligations including the Agreement of Trade Related Aspects of Intellectual Property Rights (TRIPS). In reliance of this commitment, the referenced applicants recognise and reaffirm that the Republic of South Africa may enact national laws or regulations, including regulations implementing Act 90 of 1997 or adopt measures necessary to protect public health and broaden access to medicines in accordance with the South African constitution and TRIPS.

"The parties recognise, with thanks, the efforts of the secretary-general of the United Nations and President of the Republic of South Africa in facilitating this agreement."