The Health Justice Initiative (HJI) will ask the Gauteng High Court for an order instructing the Minister of Health and Department of Health to disclose records concerning the procurement of COVID-19 vaccines by the National Department of Health tomorrow.
Also read: These Cape Town areas are in line for CCTV installations
Specifically, HJI seeks access to the vaccine procurement contracts concluded with vaccine manufacturers and suppliers, and the records of negotiation with those parties.
By June 2023, South Africa had administered more than 38 million doses of the COVID-19 vaccine; this number included doses obtained directly from pharmaceutical companies, via the COVAX facility, and via donations.
However, the specifics of these contracts, including the full identities of the parties who entered into them, are unknown and remain a secret. Given that these are the vaccines South Africa is distributing as part of the national vaccine rollout programme, the HJI thinks that at the very least, contracts must have been made with the SA government, Johnson & Johnson and Pfizer.
These vaccines have been procured at great cost. The actual cost has not been disclosed, although the 2021 National Budget allocated an amount of R10-billion for the purchase of COVID-19 vaccines. For this reason, the Health Justice Initiative (HJI) used South Africa’s Promotion of Access to Information Act (commonly abbreviated as ‘PAIA’) to request access to the contracts for the purchase of vaccines in 2021. The government refused.
Cape {town} Etc discount: Looking for things to do in the city at half the price? Let these great offers inspire you and fuel your imagination! Get them here.
‘There is a heightened need for transparency and accountability especially during a national disaster, where several of the usual checks and balances are limited,’ Fatima Hassan, head of the HJI, said. ‘Disclosure is even more important in the health sector following serious allegations that globally, powerful pharmaceutical companies bullied countries into signing secret contracts at the time and locally, that corruption has diverted millions of rands away from COVID-19 relief measures and other health services. ‘
‘Therefore, then and now, and especially under NHI, we must ensure that the procurement of public goods using public funds includes the highest levels of contractual transparency too. The public has a right to know what our government agreed to, when and with whom, at what price, and of course, why. These companies should not try to distort our democracy by insisting on this type of secrecy.’
‘The Department of Health has argued in its legal papers it cannot make the contracts public because it is bound by confidentiality clauses that preclude disclosure and that disclosure ‘would prejudice it and the vaccine manufacturers in future engagements’.
The Department of Health contends that its non-disclosure is lawful, and it is not required to disclose this information.
The HJI disagrees and has argued that because the contracts concern significant public funds, the lack of transparency violates the Constitutional principle that public administrations must be accountable and foster transparency by providing the public with timely, accessible and accurate information.
‘HJI believe it undermines the public’s Constitutional right to information and places the Department of Health in breach of its duty to procure goods through a process that is fair, equitable, and transparent,’ says Hassan.
‘Essentially, our government traded secrecy for scarce supplies at the behest of very powerful vaccine manufacturers and intermediaries, who made huge profits on sales. Our government should stand up to these companies. By agreeing to these onerous Non-Disclosure Agreements (NDAs) our government is enabling secrecy that only pharma companies benefit from,’ comments Hassan.
Although HJI believes that litigation should always be a last resort, it hopes that the South African government through the National Department of Health will publish all the unredacted contracts immediately, as it is a matter of grave public importance.
By releasing this information, it will blow the lid on COVID contract secrecy, which is undoubtedly a global issue, and create an important precedent that other countries can leverage to demand open contracting in their jurisdictions with the same companies. Finally, the case may contribute towards Pandemic Preparedness measures and bolster provisions on transparency and accountability in Pandemic Treaty negotiations and could set a precedent for how procurement under NHI and any other health crisis, should proceed.
‘We hope this case will set a clear precedent for future pandemics and under NHI too, that public procurement information should not be secret. We hope it places a spotlight on the factors that enable contractual secrecy to ensure vaccine and other manufacturers stop trading lifesaving medicines and vaccines for secrecy and power,’ concludes Hassan.
Unleash your inner explorer with these incredible car deals, all priced under 100k. Find car listings here.
Also read:
The World Health Organisation declared an end to the COVID-19 crisis
Picture: Pexels/ Maksim Goncharenok
