The High Court in Pretoria declared the main contracts in the Health Department's R15.5 bn ARV tender unconstitutional and invalid. The Court set aside two contracts for monthly and three-monthly packs of tenofovir, lamivudine and dolutegravir (TLD), worth a combined R12.63bn. – Bussiness Day (23 October 2026)
(TLD is the triple combination pill taken by most of South Africa's HIV-positive patients. According to Treasury, an estimated 8m people live with HIV, of whom 5.7m are on treatment.)
The Department was given 120 days to reconsider eligible bidders. Acting Judge Graham Girdwood recognised that disrupting HIV medicine supply would be a public health catastrophe and therefore suspended the setting aside for 90 days after the Department finalises a revised award.
The judgment follows combined legal challenges by Cipla Medpro and Hetero SA, both of which were shut out of the TLD contracts. Aspen, Emcure, Innovata, Barrs, MacLeods, Viatris and Aurobindo won shares of both contracts. Pharma Dynamics won a share of the monthly pack contract only.