The Department of Health is being taken to task over three tenders for 14.5 million female condoms, in a row that threatens to spill over into the courts.

There is a shortage of female condoms in the country, partly due to delays caused by complaints that state tenders were biased in favour of one manufacturer.

Local latex female condom importer, Black Circle, has sent lawyers letters to the minister of health, demanding a review of the specifications for three new tenders - one for 13.5-million condoms and two other tenders for 1 million condoms.

Black Circle director Mpho Mosimane refused to comment, but the row is revealed in a letter he wrote to the department of health in April.

"The tender specifically precludes suppliers of natural latex products, such as ourselves, from tendering. We view this as wholly improper," he said in the letter.

The tender document states that condoms should be manufactured from synthetic latex "made from nitrile material". Only one company in the world, the Female Health Company in the US, owns the patent to manufacture that type of condom, dubbed ''FC2".

The health department was forced to withdraw a multi-million-rand female condom tender two years ago when Leon Klugman, also a condom importer, challenged a tender for 4.5 million female condoms.

It was required by that tender that the condoms be made from polyurethane. Again, the Female Health Company was the only manufacturer of that type of condom.

Klugman had argued in court that polyurethane condoms were uncomfortable, too big and made a noise similar to "Jiffy bags". Former health minister Manto Tshabalala-Msimang and former finance minister Trevor Manuel withdrew the tender.

The Female Health Company indicated in a 2008 annual report that it's Global Public Sector foundation had worked with the department of health to develop a tender document for female condoms. In his letter, Mosimane said the US company could still be involved with the tender process.

"We have tried on numerous occasions to bring these issues to the attention of both the department of health and national treasury but without success . this situation leaves us with no other option but to . pursue a legal route," he said.

Mary Ann Leeper, senior strategic adviser to the Female Health Company, this week denied that the company was "colluding" with the health department.

Asked why its 2008 annual report mentioned a relationship with the Department of Health, she said: "I was shocked to read that sentence. All I can think is that the national department of health may have contacted the support team to get them to explain what the product was."

Ian Levitt Attorneys acting for Black Circle, confirmed writing to the health minister, Dr Aaron Motsoaledi, and the finance minister, Pravin Gordhan, objecting to the tender.

Fidel Hadebe, spokesman for the Department of Health, would say only that more female condoms needed to be distributed. "As matters are at the moment, it is only male condoms that are widely distributed, thus putting women at a disadvantage in terms of protecting themselves from disease," he said.

Tian Johnson from the Thohoyandou Victim Empowerment Programme said it was crucial for women to have access to female condoms. He said male condoms cost 35c to 40c from importers and female condoms R6 to R7 each.