ARV doctor is vindicated

IT HAS taken seven years, but a doctor who was fired for dispensing antiretroviral drugs to rape victims has been vindicated - and hailed for his bravery.

Johannesburg's Labour Court yesterday found that Malcolm Naude was unfairly dismissed in 2001 by the Mpumalanga department of health.

Then a medical officer at Nelspruit's Rob Ferreira Hospital, Naude prescribed antiretrovirals to rape victims. At the time, the Mpumalanga department of health opposed this treatment.

Despite the department's policy, Naude and other doctors continued to prescribe the drugs when they believed they were required for the treatment of their patients.

Acting Judge Cagney Musi praised Naude.

"He felt strongly that it was not the government's place to decide what kind of treatment a doctor should give a patient.

"It was his view that the government was not in favour of any form of HIV drug-based therapy, because at the time beetroot, garlic and olive oil took precedence over medication.

"Rape survivors did not have access to ARVs," said Musi.

Naude, who now works at a private hospital in Pretoria, suffered a mild stroke on Monday.

But the director of the Aids Law Project, Mark Heywood, said Naude was in a stable condition and was "thrilled" by the court's judgment.

"The court compensated Naude to the tune of R100000, his remuneration for 10 months, and the department has been ordered to pay costs."

"I spoke to him today and he is in high spirits because justice has been done."

Heywood said: "As far as the Aids Law Project is concerned, this was a case of medical ethics and the right of doctors to act in accordance with their conscience when politicians try to interfere unreasonably with medicine."

Naude was fired during the time of Aids denialism, Heywood said.

The judge found that Naude went to "considerable lengths" to affirm his right not to be discriminated against.

He said that medical practitioners had a duty "to adhere to professional ethical norms".

"The dismissal of a medical practitioner for acting in accordance with the dictates of his or professional ethics is, in my view, arbitrary and illegitimate," he said.