DISPUTE DELAYS NEVIRAPINE COURT APPLICATION.

A dispute between KwaZulu-Natal premier Lionel Mtshali and his health MEC Zweli Mkhize on Friday delayed a government application for leave to appeal an earlier judgement that it provide the anti-Aids drug nevirapine to all HIV-positive pregnant women. In court documents, Mtshali said he did not support the government's application in the Pretoria High Court, which was in turn backed by Mkhize. The premier instead sought, and was granted, permission to give evidence in support of a counter-application aimed at compelling the government to provide the drug without delay. This application was lodged by the Treatment Action Campaign (TAC) and two other lobby groups following their successful lawsuit in December compelling the government to make nevirapine available to HIV-positive pregnant women. They now want the order to be executed pending the government's intended appeal to the Constitutional Court. At the start of proceedings on Friday, the State objected to the presence of lawyers for Mtshali, saying it was highly irregular. Marumo Moerane, SC, argued for the State that Mkhize -- not the premier -- was entitled to be part of the application. Mkhize, a member of the African National Congress, supports the State's application and was against Mtshali's decision to back the TAC case. The premier is a member of the Inkatha Freedom Party. Moerane accused Mtshali of trying to "bully" the MEC and criticised him for "coming in by the back door". The court heard that Mtshali had requested the State Attorney's office to withdraw as legal representatives for the MEC, and instead instructed a new attorney to represent himself. In court documents, the Minister of Health and eight provincial health MECs, including Mkhize, were listed as respondents. "The premier has taken an executive decision which clearly came as a surprise to the MEC, even though he serves in the same cabinet as the premier," Moerane told the court. He contended that the premier's decision was not a decision of the government of KwaZulu-Natal, as it had not been countersigned by another executive member. "I can just imagine the chaos if premiers are nilly willy allowed to come to ...