‘We are here today for our celebration next to the Constitutional Court. The very same court that saved our lives, that agreed with the Constitution of this country to say that everyone has a right to life and treatment.”

Sibongile Tshabalala, national chairperson of the Treatment Action Campaign (TAC), made these remarks as supporters and activists marched through the Johannesburg CBD on Monday morning as part of the TAC’s 25th anniversary commemorations. 

The march started at Mary Fitzgerald Square in Newtown, paused at Nelson Mandela Bridge and ended at Constitution Hill.

TAC members gather at the Constitutional Court as part of their 25th anniversary commemorations. (Photo: Felix Dlangamandla)

Landmark victory

Since it was founded in 1998, the community-led TAC has been campaigning for everyone to have equitable access to healthcare.

The TAC made history in 2002 when it won a constitutional challenge forcing the government to make nevirapine, or a suitable substitute, available to pregnant mothers at public clinics. The Constitutional Court held that an extensive and inclusive antiretroviral treatment programme was a realistic and reasonable demand on the government and the public health system. This meant that being infected with HIV was no longer a death sentence since people could access life-saving treatment. 

Today, there are more than five million people living with HIV in South Africa who are on antiretroviral treatment.

“We were just a few people, we had no idea that we would build a movement that would change the world, be looked at with respect, and save five million lives,” said TAC co-founder Mark Heywood as he addressed the crowd. 

The challenges are getting greater, and they require us to be stronger, smarter, more angry.

People still say the TAC judgment is one of the most important to come out of the Constitutional Court, he said. 

“I will always remember how we cried that day in the court. I will always remember how one of the judges, Albie Sachs, when he left the court, burst into tears because of the importance of that day.” 

Robin Gorna shares a light moment with Sibongile Tshabalala at the Constitutional Court. (Photo: Felix Dlangamandla)

The fight is still not over

“As we celebrate the 25th anniversary of TAC, we are also celebrating the lives of people who were saved by the TAC,” said Tshabalala.

But, she said, while people celebrate and thank the Constitutional Court, the fight is still not over. 

“We were talking about more than 1,400 young girls who are infected with HIV. We are still talking about HIV-related deaths. We are still talking about children who are born with HIV.” 

Tshabalala said the broken healthcare system needed to be addressed by the government. 

“We need to fix our broken healthcare system, we need to get the quality healthcare services that we were promised. We are queuing for long periods, key populations are unable to access services, and people are dying. We are struggling and we are suffering.” 

Anele Yawa, the current general secretary of the TAC, said the challenges include staff attitude, long waiting times and people being turned away. 

“The struggle goes on. We are coming here to say we might come again to this court and we expect you [Constitutional Court] to continue defending the rights of people,” he said. 

Zimbini Madikiza of the Rural Health Advocacy Project speaks after marchers arrived at the Constitutional Court. (Photo: Felix Dlangamandla)

TAC national chairperson Sibongile Tshabalala speaks at the Constitutional Court. (Photo: Felix Dlangamandla)

Using TAC energy to fight other illnesses

British activist Robin Gorna said she was proud to be at the march, celebrating, and that it was a privilege to watch the TAC go from strength to strength. 

Gorna has been an Aids activist since the mid-1980s and came to work for the British government in South Africa. 

“With the support of comrade Mark [Heywood] and comrade Zackie [Achmat] I was able to help put some more money into TAC and into [former health minister] Barbara Hogan’s work.”

Gorna said the work of the TAC is influential and far-reaching, describing it as the most important Aids activist movement in the world. 

TAC members and supporters on the Nelson Mandela Bridge in Braamfontein on Monday.(Photo: Felix Dlangamandla)

TAC members, activists and residents brave the rain at the Constitutional Court. (Photo: Felix Dlangamandla)

“All over the world we look at TAC and we know that working-class communities can gather together and make real change in their lives and the lives of others,” she added. 

Zimbini Madikiza from the Rural Health Advocacy Project (RHAP) said they were at the march to celebrate 25 years of struggle and 25 years of victories. 

Read more in Daily Maverick: ‘Ticking time bomb’ – sobering moments at opening of SA Aids Conference

“As RHAP we join the continuation and the fight of holding the government accountable in the realisation of the right to health for everyone living in South Africa,” she said.

Madikiza said the fight and the energy that were evident when fighting for access to treatment would also be used to fight other diseases like TB. 

“As RHAP we are saying that we need good leadership to attain universal health coverage and people living healthy lives,” she said.

TAC supporters at the Constitutional Court on Monday. (Photo: Felix Dlangamandla)

The march started at Mary Fitzgerald Square in Newtown, paused at Nelson Mandela Bridge and ended at Constitution Hill. (Photo: Felix Dlangamandla)

Remembering lives lost

In commemoration of International Human Rights Day on 10 December, the TAC held a vigil to remember the many family members, comrades and friends who lost their lives in the Aids epidemic. 

“As I sat in the vigil last night I had tears in my eyes. Some of them were tears of sorrow because the names of many of the people that were read out were names of people who I knew,” said Heywood. 

At the gathering, TAC co-founder Mark Heywood said that the anti-Aids organisation was a strong and dynamic organisation. (Photo: Felix Dlangamandla)

There were also tears of joy and pride that after 25 years the TAC remained “a strong, vibrant, dynamic, relevant and important organisation”. 

Heywood thanked people for not forgetting about the people who lost their lives, such as Charlene Wilson. 

“We will keep Charlene and all of the names of the comrades that we fought, lived and sometimes died with, alive in our hearts and alive in our struggle,” he said. DM

Disclosure: Mark Heywood is outgoing editor of Maverick Citizen.