High Court sets aside two ARV tender awards, Health Department gets 120 days to re-evaluate

The Pretoria High Court has set aside the Department of Health’s awards for items 13 and 23 of the antiretroviral tender HP13-2025ARV and given the department 120 days from its 20 October 2026 judgment to re-evaluate the two items.

The two items cover the first-line HIV treatment regimen containing tenofovir, lamivudine and dolutegravir, known as TLD combination. The judgment followed review proceedings brought by Hetero and Cipla.

The court dismissed Hetero’s review application under the same case number. It upheld Cipla’s review in relation to the two items.

The Department of Health said it respects the role of the courts in ensuring public procurement is conducted within the applicable legal framework, and that it remains committed to procurement that is fair, transparent and legally compliant.

The department said there is no threat of disruption to the supply of antiretroviral medicines and that patients continue to have access to their medication from health establishments. It said it is working with provincial departments, depots and suppliers to keep supply continuous while the matter is resolved, and that any change which may potentially affect patients will be communicated timeously.

What the re-evaluation produces, and whether any supplier’s position changes as a result, is not settled by the judgment. The department’s statement does not say which suppliers currently hold the affected items or what the re-evaluation timetable looks like beyond the 120-day limit.

The department’s account of the judgment is contained in a media statement issued by the South African Government on www.gov.za (https://www.gov.za/news/media-statements/health-department-notes-high-court-judgment-antiretroviral-tender-and-assures). The statement summarises the ruling rather than reproducing it.

Departmental spokesperson Foster Mohale and health ministry spokesperson Sello Lediga are the contacts named in the statement.