Dissecting South Africa’s COVID-19 Vaccine Procurement Contracts & their Global Implications

Newsletter Edition #198 [The Files In-Depth]

Hi,

I have often wondered why certain societies are more conducive for seeking accountability than others. No easy answers there since it is determined by a number of different factors such as culture, history and politics.

A recent case in South Africa has blown holes in the bullet-proof armor that confidentiality clauses have been during the COVID-19 pandemic. We bring you an analysis of this case and what it could mean transparency and accountability in global health.

This is a “classic-Geneva” story that illustrates how much needs to change in global health governance to make it truly inclusive. Clearly this is not about South Africa or COVID-19 vaccines alone, it is about how business is done in global health and what has come to become acceptable.

The timing of this is brilliant. Countries are currently drawing up rules on procurement, liability, indemnity, transparency, for example, in the context of the Pandemic Accord negotiations. So if countries choose to ignore the lessons, it is not for the lack of evidence.

We will soon be following up with an in-depth interview of the activist group that has brought this case to light. The perseverance and creativity in this landmark case is striking.

Also sharing, a report I worked on for STOP AIDS, looking at the COVID-19 contracts in the EU.

Like our work? Consider supporting our journalism that ensures nuance, detail, and accuracy. Readers paying for our work helps us meet our costs. Thank you for reading.

Until later!

Best,

Priti

Feel free to write to us: patnaik.reporting@gmail.com or genevahealthfiles@protonmail.com; Follow us on Twitter: @filesgeneva

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I. ANALYSIS

Dissecting South Africa’s COVID-19 Vaccine Procurement Contracts & their Global Implications

By Nishant Sirohi & Priti Patnaik

Efforts by the Cape Town-based public health law group, Health Justice Initiative to push for transparency in the COVID-19 vaccine contracts through a case brought and won against the South African government not only reveals the terms of vaccine procurement contracts and the concerning practices, but also casts a light on the nature and extent of private power in these vastly unequal negotiations at a time of a grave public health emergency.

This comprehensive story delves into the discrepancies in pricing, stringent confidentiality clauses, constraints on vaccine distribution, and the notable imbalance of liability and sovereignty, brought to light as a result of this milestone judgement.

On Thursday 17 August 2023, the Pretoria High Court ruled in HJI’s favour, compelling the South African National Department of Health to provide access to all COVID-19 vaccine procurement contracts and other documents. HJI said earlier this month that the Court ordered that all COVID-19 vaccine contracts and negotiation-related documents must be made public within 10 court days of the judgment. While details around the contracts came to light, the remaining information around negotiation-related documents is expected to be disclosed at the end of this month.