Health Justice Initiative v Minister of Health and Another
Case: Health Justice Initiative v Minister of Health and Another (10009/22)
Court: High Court of South Africa, Gauteng Division, Pretoria
Date of hearing: 25 July 2023 (before Millar J) in Court 4G
Date of judgment: 17 August 2023
Status: Finalised (access the judgment here)
Last updated: 17 August 2023
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Case overview:
The Health Justice Initiative (HJI or the Applicant), represented by Power & Associates, filed an application to compel the production of records concerning the procurement of Covid-19 vaccines by the National Department of Health (NDoH or the Respondent). Specifically, HJI sought access to the vaccine procurement contracts concluded with vaccine manufacturers and suppliers, and the records of negotiation with those parties.
The application followed an access to information request brought in terms of the Promotion of Access to Information Act 2 of 2000 (PAIA) to the NDoH, which was refused. The Respondents justified their non-disclosure by asserting that they are bound by confidentiality clauses that preclude disclosure, that disclosure would prejudice them and the vaccine manufacturers in future engagements, and that there is no adequate public interest reason compelling disclosure.
The HJI submitted that the Respondents have failed to make out any basis for their refusal of the records sought and that such disclosure is in the public interest.
The matter was heard on 25 July 2023 before Millar J in the Pretoria High Court.
On 17 August 2023, Millar J handed-down judgment in favour of HJI, directing the production of the vaccine procurement contracts, with costs.
Isabel Goodman, Sagwadi Mabunda, and Nicola Soekoe were on brief in this matter.
Court papers:
- Applicant’s Notice of Motion and Founding Affidavit (17 February 2022) (3mb)
- Annexures to the Founding Affidavit (17 February 2022) (27mb)
- Respondent’s Answering Affidavit (1 August 2022) (1mb)
- Applicant’s Replying Affidavit (29 September 2022) (4mb)
- Applicant’s Heads of Argument (15 December 2022) (346kb)
- Respondent’s Heads of Argument (16 March 2023) (246kn)
- Judgment (17 August 2023) (3mb)
In the press:
- Press release (22 February 2022) (318kb)
- BusinessDay, Activists launch legal bid for full disclosure of SA vaccine contracts (22 February 2022)
- GroundUp, Health department must hand over Covid vaccine procurement documents (17 August 2023)
- Daily Maverick, Court orders Health Department to make Big Pharma Covid-19 vaccine contracts public (17 August 2023)
Attorneys:
