In a significant move, the high court in South Africa has ruled that the government must unveil its COVID-19 contracts with pharmaceutical companies, shedding light on documents that were previously shrouded in secrecy.
This decision comes after the Health Justice Initiative, a South African health campaign group, took legal action, asserting that the government had not fulfilled its constitutional obligation of transparency in procurement contracts.
Under the court’s order, the government now has a 10-day window to disclose COVID-19 vaccine negotiation contracts, meeting notes, and all forms of communication with vaccine manufacturers or licensees. These include notable names like Johnson & Johnson, Pfizer, Aspen Pharmacare, Sinovac, and the Serum Institute of India. Additionally, information exchanges with organizations like Gavi/COVAX, the African Union Vaccine Access Task Team, and The Solidarity Fund will also be made public.
Mohga Kamal-Yanni, the policy co-lead for the People’s Vaccine Alliance, expressed her opinion on the decision, saying, “Pharmaceutical companies should never be allowed to operate without public scrutiny, particularly in a pandemic.” She highlighted the unfortunate reality that many governments, including South Africa, had been constrained by strict confidentiality clauses to secure access to vital vaccines and medications.
This ruling stands as a testament to the potential for the public to challenge powerful pharmaceutical corporations and emerge victorious. Kamal-Yanni’s hope is that this case will serve as a precedent, encouraging similar actions worldwide to uphold transparency and equity during health crises.
Tian Johnson, Chair of the People’s Vaccine Alliance Africa, emphasized the broader implications of the judgment. He stated that this decision reaffirms the right of Africans to hold their leaders accountable and underscores the importance of transparency, openness, and collaboration between civil society and governing bodies in pandemic prevention, preparedness, and response.
This milestone verdict signifies a significant step forward in the pursuit of health justice, aligning with the ideals of transparency and equity in the face of global health challenges.