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The High Court in Pretoria’s decision to order the national department of health to hand over all documents relating to its negotiations and procurement of Covid vaccinations to the Health Justice Initiative (HJI) within 10 days is a “victory for transparency” and a game-changer regarding revealing possible corruption in high places.
Civil society organisations welcomed the court’s ruling, with Solidarity’s Dr Dirk Herman saying:
“There are numerous allegations about suspicious transactions during Covid. The information can either prove these concerns were unfounded or lead to action if there were irregularities.
“Even the minister and his family were allegedly involved in illegal transactions during Covid. It would be good for public trust if all information is disclosed.”
Political commentator Simphiwe Shongwe said what is revealed in the documents will have an effect on the 2024 elections.
“This is a crucial moment, politically, for South Africa. And it could go real bad for the ANC if they try and conceal it,” she said.
“Everyone will be very eager to see the government’s next step. President Cyril Ramaphosa said government would leave no space for the abuse of the people’s money in its crackdown on Covid-related corruption.”
Shongwe said there was a possibility that the health department would try to appeal the decision, “but it would definitely allude to something being concealed and that’s the last thing they need as a ruling party ahead of elections”.
The department said it would study the judgment and respond in due course, spokesperson Foster Mohale said.
The HJI wants the documents in order to assess the legality and cost-effectiveness of the deals the government struck with vaccine manufacturers and suppliers during the pandemic.
The HJI also requested copies of all Covid vaccine negotiation meeting outcomes or minutes, including the authorised licensed representatives of Jansen Pharmaceuticals/Johnson & Johnson, Aspen Pharmacare, Pfizer, Serum Institute of India/Cipla, Sinovac and any other vaccine manufacturer or licensee.
Minister of Health Dr Joe Phaahla and the department had refused to disclose the documents on 11 January, 2022, replying via e-mail to the HJI noting that, per confidential agreements, it was not at liberty to divulge the requested information.
This followed an application by HJI in terms of the Promotion of Access to Information Act.
In an affidavit, Phaahla argued that the procurement contracts were negotiated in good faith, in the country’s best interests, and the department had signed agreements containing confidentiality clauses regarding nondisclosure of the procurement terms.
However, Judge Anthony Millar said nondisclosure placed a shroud of secrecy over the entire negotiation, procurement and payment process, the very conduct the constitution and the PAIA seek to address.
Millar added that none of the reasons provided by the respondents stood up to legal scrutiny
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