The correctional services department has been granted leave to appeal against the High Court ruling compelling the department to provide antiretrovirals to Durban-Westville inmates.

About 15 prisoners at the Westville Prison and the Treatment Action Campaign (TAC) had brought an urgent application last month before the Durban High Court, asking it to order the department to increase access to ARV therapy to prisoners.

Yesterday, Judge Thumba Pillay who is a father to one of the attorneys representing the applicants, ordered the department to immediately start providing ARV therapy.

Correctional Services spokesperson, Luphumzo Kebeni told BuaNews today that his department would launch an appeal against the ruling and also on the ground that it was "unethical" for Judge Pillay to have heard the case because he had a relationship with one of the lawyers representing the applicants.

"There is a level of an unethical conduct on the part of the judge. We had asked him to recuse himself and he had refused.

"So we are appealing against the ruling and the judge's refusal to recuse himself, " said Mr Khebeni.

He also reiterated his department's position on the provision of ARVs.

"We are not saying we do not want to provide antiretrovirals to inmates, as in Durban Westville there are inmates [already] who are on ARVs and have gone through the process of diagnosis and prognosis [according to government's comprehensive plan]." .

However, Mr Kebeni said the inmates who took the department to court were "demanding" to receive the treatment without having gone through the assessment as required by national guidelines.

"That cannot be done because that would be putting their health at risk. So the manner in which the judgment was made compels us [the department] to do the opposite of what is required in terms of the national guidelines," he said.

The appeal is expected to be heard in the Durban High Court next week.

Government's Comprehensive Plan for the Care, Treatment and Management of HIV stipulates that ARVs have to be administered to people who are symptomatic and/or whose CD4 count is less than 200, as not everyone who is HIV-positive requires the drugs.

People are then counselled and offered the option of the antiretroviral therapy, with full information regarding side effects, the benefits of restoring the immune system and improving their quality of life.

This has to be done at accredited sites, service points giving access to a range of care and treatment, integrated with the prevention and awareness campaign.

Correctional Services has three accredited sites to provide ARV treatment to inmates.

The first was established at Grootvlei Prison in the Free State earlier this year, followed by Qalakabusha and Pietermaritzburg in KwaZulu-Natal in partnership with health departments in those provinces.

Presenting the department's budget vote in Parliament last month, deputy minister Loretta Jacobs said strides were being made to accredit even more sites in this regard.

"In the interim, attempts are being made to transport inmates to the nearest ARV sites to receive such medication," said Ms Loretta.

In addition to this, the department is undertaking a survey to determine the prevalence of HIV infection among offenders and staff. It is expected the survey results will be available in October.