Antiretroviral Tender Awards Declared Invalid by Pretoria Court
October 26, 2026
The Pretoria High Court has declared invalid the antiretroviral tender awards for two items in a tender central to South Africa’s HIV treatment programme, and has ordered the National Department of Health to redo the split for those items within 120 days. The judgment, handed down on 20 October 2026, also dismisses a separate review by Hetero Drugs South Africa and orders Hetero to pay costs on the attorney-and-client scale.
The tender, HP13-2025ARV, covers antiretroviral medicines for the national HIV treatment programme over three years. The two disputed items are different pack sizes of a fixed-dose combination of dolutegravir 50 mg, lamivudine 300 mg and tenofovir 300 mg. Item 13 is the 84/90-tablet pack, with an estimated 32,310,618 units. Item 23 is the 28/30-tablet pack, with an estimated 121,463,657 units.
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