E N and others v Government of RSA and others (High Court 2006)
2nd January 2006, 12:00 pm
Fifteen HIV positive prisoners, in the advanced stages illness sued, among others, the Republic of South Africa asking the Court to require access to anti-retroviral treatment for prisoners. The prisoners alleged violations of their constitutional rights to health care and "to conditions of detention consistent with human dignity, including at least exercise and the provision, at State expense, of adequate accommodation, nutrition, reading material and medical treatment."

The Court held that the government had violated the prisoners rights to health care and dignity in prison in not providing anti-retroviral treatment. The Court ordered the government to immediately remove the restrictions that prevented the applicants and all other similarly situated prisoners from accessing anti-retroviral treatment, giving them two weeks to implement a workable plan for providing adequate treatment.

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