FUR 2601 Essay

Satisfactory Essays
Date: 01 March 2012

Subject: Fundamental Rights
Subject Code: FUR 2601

NOTE: Assignment answers based on fact pattern 1 of FUR201/101/3/2012 page 21.
RHS Column for Remarks/ Suggestions:
Question: 1 (a):
HIV/AIDS is killing more and more South Africans daily and the mere possibility of a fourth line anti-retroviral treatment which has undergone the correct testing and systems should be made known to the public. Due to the new Medicines Control Amendment Act s5 which permits the Minister of Health to supress findings which she deems counter to current state policies by issuing a restraint on Professors Spies and Maseko, their treatment can now not be published. As counsel for Professors Maseko and Spies, they have standing to
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There is no evidence available that proves this treatment to be dangerous and is in fact seen as a breakthrough by international and domestic experts. The Minister of Health remains certain that the garlic, African Potatoes and vitamins is sufficient enough. In the case Janse van Rensburg v Minister van Handel en Nywerheid, Professors Maseko and Spies are entitled to know what are considered to be the dangerous elements of their treatment since no alternative relief was provided. Allowing the treatment to be released will be of great interest to the public and will benefit a great number of them too.
The main personal rights of Professors Maseko and Spies which are being infringed upon are their freedom to the press and other media, their freedom to impart information or ideas and their academic freedom of scientific research, since their research findings have been suppressed.
Taking into account all the above factors, Professors Maseko and Spies do have standing to bring this constitutional challenge to the new Medicines Control Amendment Act s5. As soon as a fundamental right has been infringed upon, it is the individual’s right to challenge this and stand before the court with their findings, proof and evidence.

Marks: ___/5

Question: 1 (b):
The Treatment Action
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