Department of Health says court judgment overturning ARV tender will not affect supply - IOL

The Department of Health says patients will continue receiving their antiretroviral medication despite recent High Court order.

The Department of Health (DoH) has assured patients that a recent High Court judgment on tenders will not disrupt the supply of antiretroviral (ARV) medication.

The department was responding to a judgment handed down by the Pretoria High Court on October 20, where the court overturned parts of R15.5 billion in tender allocations and gave the department 120 days to reallocate the awards.

Two companies disputed the tender: Cipla Medpro Manufacturing and Hetero Drugs. The court dismissed Hetero’s application, but granted an order in favour of Cipla.

Hetero had asked the court to review and set aside the DoH's decision to exclude it from the Item 13 and Item 23 awards. 

Cipla was granted three awards worth R214 million, while Hetero received five awards worth R678 million. However, Cipla contested the awarding of Item 13 and Item 23, which related to the one-month and three-month packs of three HIV treatment medications, namely dolutegravir, lamivudine and tenofovir.

Cipla argued that Item 13 and Item 23 should not have been split into two different awards as they involved the same medications, just different quantities.

Acting Judge Graham Girdwood agreed and found that the awards for both items were unconstitutional and therefore invalid.

The court noted that Cipla had been a longstanding ARV manufacturer, with a demonstrated ability to supply more than half of the estimated demand for Item 13 and nearly half of the estimated demand for Item 23. Cipla also manufactures these medications at its own facility in KwaZulu-Natal.

Girdwood also disqualified two companies, Innovata and Viatris, from reconsideration for any awards related to Item 13 and Item 23 because they had applied for the tenders with expired licences.

The judge also noted that the companies should not have been considered beyond the first stage.

In a statement issued on Thursday, the department welcomed the court’s decision to dismiss Hetero’s application, saying it respects the court's role in ensuring that public procurement is conducted within the legal framework. 

The DoH said it would continue to ensure procurement processes are fair, transparent, and legally compliant. The department also said it would ensure that procurement delivers value for money, strengthens public confidence, and safeguards the sustained availability of quality-assured ARV medication for patients who rely on the public health system. 

The department added that the judgment would not threaten ARV distribution and that patients will continue to have access to their medication. The DoH also said it was working with provincial departments, depots and suppliers to ensure continuity of supply.