Health department assures HIV medicine supply is safe after court sets aside two tender awards

The Department of Health said on Thursday that a High Court ruling on two awards in the national antiretroviral tender would not leave clinics short of medicines.

It said it was working with provinces, depots and suppliers to ensure the continued supply of medicines

“The department wishes to assure patients, healthcare workers and the public that there is no threat of disruption to the supply of antiretroviral medicines,” the department stated.

According to the department, patients could still collect their treatment as usual.

“Patients continue to have access to their medication from health establishments,” it said.

The Department also promised to keep the public informed.

“Any change which may potentially affect patients will be communicated timeously,” it added.

Department responds to the court judgment

The Department said it had taken note of the judgment delivered on 20 October 2026.

The case concerned items 13 and 23 of tender HP13-2025ARV, which covered the first-line regimen of tenofovir, lamivudine and dolutegravir, known as TLD.

It welcomed the dismissal of Hetero’s review application.

However, it noted that the court upheld Cipla’s review, set aside the awards for both items and ordered a re-evaluation within 120 days.

“The Department respects the role of the courts in ensuring that public procurement is conducted within the applicable legal framework,” the Department said.

The Department then described its own approach to buying medicines.

“The Department remains committed to fair, transparent and legally compliant procurement that delivers value for money, strengthens public confidence and ensures the sustained availability of quality-assured antiretroviral medicines for patients who depend on the public health system,” it stated.

What the court found about the tender

Judge Graham Girdwood heard the consolidated Hetero and Cipla applications from 21 to 23 September 2026.

The tender was published on 12 July 2024 and covered 37 items worth more than R15.5 billion over three years.

The judge stressed how much was at stake for patients.

“It is common cause that the Tender is one of the largest and most significant tenders of its kind in South Africa, central to the national anti-retroviral treatment programme and to the continuity of HIV/AIDS treatment for millions of patients dependent on the public health system,” Girdwood wrote in the judgment.

According to the judgment, an adjudication committee recommended only three awards for Cipla across the whole tender, worth about R214.7 million.

The judge found that this share did not reflect the company’s role as a local manufacturer.

“On no view can Cipla’s allocation, representing approximately 1.4% of the Tender’s total value, be regarded as reflecting its participation and local manufacturing status across the Tender as a whole,” Girdwood stated.

The court declared the awards for items 13 and 23 invalid and excluded the bids of Innovata and Viatris from the new process.

It also suspended the setting aside of the awards until 90 days after the new awards were finalised.