Timeline of key South Africa COVID-19 related developments and Health Justice Initiative’s engagement with government on vaccine access for South Africa
This Vaccine Access timeline has been compiled by the Health Justice Initiative (HJI) with information currently in the public domain and contains approximate dates in some cases, references to public documents, media statements as well as declarations under oath (court papers). It contains certain, but not all key dates related to major international and local developments. It is not meant to be a comprehensive timeline of all of the global or local set of events related to Covid-19. It is however intended to illustrate the global and local context against which the HJI has sought to obtain information and answers to the pressing issue of timely vaccine access for all people in South Africa.
Note: Since the HJI’s launch in mid-2020, we have intervened as a friend of the court with Open Secrets (amicus) in two pandemic ‘price gouging’ matters in the Competition Appeal Court (Dischem/Babelegi); and referred a pricing inquiry with Ezintsha at WITS University on certain available treatments for severe cases of Covid-19 to the Competition Commission.
More information about these other matters is available at www.healthjusticeinitiative.org.za
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For any material omissions or errors regarding this timeline, please notify us by email: [email protected]
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Other resources:
https://msfaccess.org/
https://www.prep4all.org/
https://www.citizen.org/
https://www.i-mak.org/health-equity/
https://www.keionline.org/about
https://oneill.law.georgetown.edu/
https://peoplesvaccine.org/
https://www.globaljustice.org.uk/
https://freethevaccine.org/
https://www.amnesty.org/en/who-we-are
https://www.oxfam.org/en
https://healthgap.org/
https://www.twn.my/
https://www.southcentre.int/
2020
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30 January 2020
World Health Organization (WHO) declared the outbreak of COVID-19 a ‘Public Health Emergency of International Concern’
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5 March 2020
First official case of COVID-19 reported in South Africa
National Institute for Communicable Diseases 11 March 2020:https://www.nicd.ac.za/first-case-of-covid-19-coronavirus-reported-in-sa/
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5 March 2020
World Health Organization (WHO) describes COVID-19 a ‘Pandemic’
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15 March 2020
South African State of Emergency declared in terms of South Africa’s Disaster Management Act - Level 5 lockdown imposed from 26 March 2020
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25 March 2020
COVID-19 Ministerial Advisory Committee (MAC) established by the National Minister of Health (Dr Zweli Mkhize) and Chaired by Professor Salim Abdool Karim
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26 March 2020 (midnight)
3-week ‘Lockdown Level 5’ commenced in South Africa
Statement by President Cyril Ramapohosa on the escalation of measures to combat COVID-19 epidemic – http://www.dirco.gov.za/docs/speeches/2020/cram0323.pdf
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30 March 2020
Ministerial Advisory Committee ‘Terms of Reference’ published
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1 May 2020
SA Government announced a 5 level ‘risk adjusted strategy’ for the containment of COVID-19
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14 May 2020
New Director-General of Health for the National Department of Health appointed: Dr Sandile Buthelezi
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19 May 2020
More than 140 world leaders, experts and elders make an unprecedented call for guarantees that 'COVID-19 vaccines, diagnostics, tests and treatments will be provided free of charge to everyone, everywhere ' - including the President of South Africa, Cyril Ramaphosa, the Prime Minister of Pakistan, Imran Khan, the President of the Republic of Senegal, Macky Sall and the President of the Republic of Ghana, Nana Addo Dankwa Akufo-Addo.
- Global leaders sign an open letter calling on all governments to unite behind a people’s vaccine against COVID-19
- https://www.unaids.org/en/resources/presscentre/pressreleaseandstatementarchive/2020/may/20200514_covid19-vaccine
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June 2020
AstraZeneca (Ox1Cov-19 Vaccine VIDA ) trial commenced (collaboration with Oxford University and University of the Witwatersrand( Phase IIb trial)
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4 June 2020
United Nations Secretary General calls for the COVID-19 Vaccine to be treated as a ‘global public good’
Global Vaccine Summit
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Mid-June 2020
Globally, the ‘Peoples Vaccine Campaign’ and the ‘Free the Vaccine’ initiative are launched . It calls for ‘Everyone, everywhere, who needs it, must get a safe and effective vaccine’. And that: ‘COVID-19 diagnostic tools, treatments, and vaccines must be available to everyone everywhere, free at the point-of-delivery’
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16 June 2020
Multi-sectoral Ministerial Advisory Committee (MAC) for Social and Behavioral Change established by the National Minister of Health
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July 2020
Health Justice Initiative (HJI) - a new NPO, is launched in South Africa
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1 July 2020
African Union Communique on Intellectual Property Barriers for Vaccine Access issued: African health ministers state their concern that patents and other technology barriers could negatively impact the ability to ensure access of future potential COVID-19 vaccines in developing countries
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July 2020
Department of Health stated that it initiated discussions with certain vaccine manufacturers
Director-General of Health (Dr Sandile Buthelezi) : Answering Affidavit Afriforum & Solidarity v Minister of Health and 16 Others, para 108: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
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17 July 2020
South African government delegation (via the Department of Trade, Industry and Competition) to the World Trade Organization (WTO) submitted a position paper to the General Council indicating that TRIPS flexibilities are difficult to use and are rarely invoked by Global South
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24 July 2020
The National Department of Health stated that its engagement with Pfizer commenced
Director-General of Health, Answering affidavit Afriforum & Solidarity v Minister of Health and 16 Others, para 141: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
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27 August 2020
Ministerial Advisory Committee Advisory/ies published after pressure from the media and civil society to make the documents public
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September 2020
Johnson & Johnson (Ad26.COV2-S ) trial commenced in South Africa (first Phase III COVID-19 vaccine trial)
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September 2020
Novavax (NVX-CoV2373 ) trial commenced in South Africa (Phase IIb trial)
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3 September 2020
COVAX launched
- COVAX is one of three pillars of the Access to COVID-19 Tools (ACT) Accelerator, which was launched in April 2020 by the World Health Organization (WHO), the European Commission and France in response to COVID-19 – a ‘global risk-sharing mechanism for pooled procurement and equitable distribution of COVID-19 vaccines’
- https://www.gavi.org/vaccineswork/covax-explained
- https://www.gavi.org/covax-facility#why
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4 September 2020
The National Department of Health stated that it commenced negotiations with Johnson & Johnson (followed by ‘further extensive engagements in January 2021)
Director-General of Health, Answering affidavit Afriforum & Solidarity v Minister of Health and 16 Others, para 135: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
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14 September 2020
The National Department of Health stated that it first engaged the Serum Institute of India
- Director-General of Health, Answering affidavit Afriforum & Solidarity v Minister of Health and 16 others, para 125: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
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28 September 2020
The National Minister of Health announced changes to the members of the COVID-19 Scientific Ministerial Advisory Committee (MAC): 'Committee members were evaluated and changed to include more experts outside of the biomedicine sector such as ethicists, social scientists, and community leaders'
The Ministerial Advisory Committee is as a result co-chaired by Professors Salim Abdool Karim and Professor Marian Jacobs with Dr Nhlanhla Mkhize, Professor Barry Schoub and Dr Portia Jordan as joint vice-chairs
- https://storage.googleapis.com/stateless-bhekisisa-website/wordpress-uploads/2020/09/bc935007-health-media-statement-28-september-2020.pages-final-2.pdf#page=3
- https://bhekisisa.org/resources/general-resource/2020-05-22-what-south-africas-covid-19-ministerial-advisory-committee-did-and-didnt-advise-on/
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28 September 2020
The National Minister of Health established the Ministerial Advisory Committee (MAC) on Vaccines, as a sub-committee of the MAC COVID-19
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1 October 2020
Pfizer/BioNTech commenced participant enrolment in Phase III clinical trials
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2 October 2020
TRIPS Waiver Proposal
- India and South Africa jointly and formally proposed that the World Trade Organization (WTO) permit all countries to choose to neither grant nor enforce patents and other intellectual property (IP) related to COVID-19 drugs, vaccines, diagnostics and other technologies for the duration of the pandemic, until global herd immunity is achieved (not just for patents, but for trade secrets, copyrights, and industrial design)
- To date, the waiver is co-sponsored by 59 countries (including Eswatini, Kenya, Mozambique, Pakistan, Mongolia, Venezuela, Bolivia, Zimbabwe and Egypt) and supported by at least 100 countries, but continues to be opposed by a small group of member states including: Japan, Brazil, Australia, EU, UK, US, Canada, Norway, Switzerland, Ecuador, El Salvador
- https://msfaccess.org/india-and-south-africa-proposal-wto-waiver-ip-protections-covid-19-related-medical-technologies
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/IP/C/W669.pdf&Open=True
- https://www.keionline.org/34061
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14 October 2020
SA's BioVac revealed it is in ‘discussions’ about manufacturing Covid-19 vaccines for COVAX
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October 2020
The National Department of Health stated that its preliminary engagements with the vaccine manufacturers of Sputnik V commenced
Director-General of Health, Answering affidavit Afriforum & Solidarity v Minister of Health and 16 others, para 155.1: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
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29 September 2020
Human Rights Watch Released its Report on Vaccine Nationalism entitled ‘Whoever Finds the Vaccine Must Share It - Strengthening Human Rights and Transparency Around Covid-19 Vaccines’
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2 November 2020
Aspen announced a ‘fill and finish’ license with Johnson & Johnson
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9 November 2020
Pfizer/BioNtech announced top-level phase III trial results via a press release
- Director-General of Health, Answering affidavit Afriforum & Solidarity v Minister of Health and 16 others, para 155.2: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
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16 November 2020
HJI sent Letter 1 to the Ministers of Cooperative Governance & Traditional Affairs and Health; and the National Disaster Management Centre (DMC)
- Letter 1 requested information about the details of the development of a plan to ensure affordable access to and equitable allocation of a COVID-19 vaccine and in particular, requested answers to the following questions:
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- Has the DMC developed Vaccine Access and Allocation plans?
- Are there plans to budget and prioritise vulnerable groups?
- Do key institutional role-players have Vaccine Access and Allocation Plans, and if these do not exist, please provide timelines for their publication?
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16 November 2020
Moderna announced top level stage III trial results for the NIH-Moderna Vaccine by press release
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16 November 2020
The National Department of Health stated that on 16 November 2020 it began engaging with Moderna and that on 21 December 2020 the National Minister of Health met with Moderna executives
- Director-General of Health, Answering affidavit Afriforum & Solidarity v Minister of Health and 16 others, para 151: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
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2 December 2020
The Medicines and Healthcare Products Regulatory Agency in the United Kingdom issued emergency authorization for the Pfizer/BioNTech vaccine
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2 December 2020
HJI sent Letter 2 to the Ministers of Cooperative Governance & Traditional Affairs and Health; and the National Disaster Management Centre (DMC) due to no response being received in respect of Letter 1
Urgent questions about Vaccine Access and Allocation Plans are repeated, as per Letter 1
A deadline for a response is extended to 8 December 2020
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8 December 2020
AstraZeneca/Oxford University phase III trial peer-reviewed results released
- https://www.ox.ac.uk/news/2020-12-08-first-peer-reviewed-results-phase-3-human-trials-oxford-coronavirus-vaccine
- Director-General of Health, Answering Affidavit Afriforum & Solidarity v Minister of Health and 16 Others, para 123: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
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8 December 2020
Dr Mmaphaka Tau, head of the South African National Disaster Management Centre (DMC) responded to HJI Letters 1 and 2
‘The National Department of Health is the organ of state responsible for vaccine related matters.’
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9 December 2020
Amnesty International released its report on the impact of Global Vaccine Nationalism and Supply Scarcity and indicated that ‘9 out of 10 people in poor countries are set to miss out on COVID-19 vaccine’ by 2021
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10 December 2020
South Africa and COVAX
- South Africa formally registers to participate via the COVAX facility as a middle income country
- Director-General of Health, Answering Affidavit Afriforum & Solidarity v Minister of Health and 16 Others, para 101: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
- https://www.sanews.gov.za/south-africa/sa-makes-down-payment-covid-19-vaccine
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11 December 2020:
The U.S. Food and Drug Administration issued its first emergency use authorization (EUA) for a Covid-19 vaccine to Pfizer /BioNTech- for individuals 16 years of age and older
Note: A few days prior to the advisory panel meeting of December 10, the Food and Drug Administration released their independent assessment of the data which becomes the first publication of detailed data beyond Pfizer’s press releases: https://www.fda.gov/media/144245/download
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15 December 2020
HJI sent Letter 3
- Letters 1 and 2 are unanswered by the National Department of Health
- HJI suggests an ‘urgent multi-stakeholder engagement’ to develop an appropriate and urgent Vaccine Access and Equitable Allocation Plan for South Africa
- Letter 3
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18 December 2020
The U.S. Food and Drug Administration issued an emergency use authorisation (EUA) for a second Covid-19 vaccine to Moderna - for individuals 18 years of age and older
- https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/moderna-covid-19-vaccine
- Note: A few days prior to the advisory panel meeting of December 17, the Food and Drug Administration released their independent assessment of the data which becomes the first publication of detailed data beyond Moderna’s press releases https://www.fda.gov/media/144434/download
- This is followed by authorisation in Canada on 23 December 2020, and in Israel on 4 January 2021.
- As at 28 March 2021 Moderna did not file a regulatory approval submission/ dossier with the South African Health Products Regulatory Authority
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20 December 2020
The European Medicines Agency granted conditional marketing authorisation for the vaccine Comirnaty developed by Pfizer/BioNTech - for individuals 16 years of age and older
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21 December 2020
The South African Solidarity Fund made a down payment of approximately $19.2 million (ZAR 283 million) for South Africa to participate in the COVAX facility
Director-General of Health, Answering Affidavit Afriforum & Solidarity v Minister of Health and 16 Others, para 102: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
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30 December 2020/ 3 January 2021
The AstraZeneca / Oxford University vaccine obtained emergency authorisation in the United Kingdom, Argentina, Dominican Republic, El Salvador, Mexico, Morocco and India
2021
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2 January 2021
South African ‘Scientist Collective’ issued an open letter and proposed that ‘Covid-19 vaccine inaction risks the biggest man-made health failure since the AIDS outbreak’ in South Africa. Leading figures asked the government to make all expert vaccine advice public as well
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3 January 2021
South Africa’s ‘Covid-19 vaccine rollout strategy’ is announced at a press briefing by the National Minister of Health and others on national television
Minister Zweli Mkhize Public Briefing Statement South Africa’s COVID-19 Vaccine Strategy – https://sacoronavirus.co.za/2021/01/03/minister-zweli-mkhize-public-briefing-statement-south-africas-covid-19-vaccine-strategy-3-january-2021/
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6 January 2021
The European Medicines Agency granted conditional marketing authorisation for Moderna - for individuals 18 years of age or older
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6 January 2021
Department of Health applied to the National Treasury for permission for a deviation to conclude agreements with vaccine manufacturers
Director-General of Health, Answering Affidavit Afriforum & Solidarity v Minister of Health and 16 Others, para 109, available: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
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7 January 2021
Pfizer submitted its regulatory application/dossier to the South African Health Products Regulatory Authority
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7 January 2021
The National Minister of Health presented South Africa’s Vaccine ‘Strategy’ to the Parliamentary Portfolio Committee on Health
- https://www.youtube.com/watch?v=jTZfp__pykY
- https://healthjusticeinitiative.org.za/2020/12/04/vaccine-equity-access-and-allocation/
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7 January 2021
The National Minister of Health announced an order of the AstraZeneca vaccine for all healthcare workers in South Africa
Minister Mkhize says SA will receive first batch of COVID-19 vaccine in January 2021
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7 January 2021
HJI issued its Preliminary Commentary on ‘the COVID-19 Vaccine Rollout Strategy and Presentation of Governments Vaccine Strategy'
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7 January 2021
Term-sheet between the National Department of Health and the Serum Institute of India signed for 1.5 million doses, followed by a purchase agreement, on 18 January 2021
- Director-General of Health, Answering Affidavit Afriforum & Solidarity v Minister of Health and 16 Others, para 123-8: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
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8 January 2021
The Medicines and Healthcare Products Regulatory Agency in the United Kingdom issued emergency authorisation for Moderna's Vaccine - for individuals 18 years and older
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12 January 2021
The People’s Vaccine Campaign of South Africa (PVC-SA) is formed and issued a national Call to Action
Towards a People’s Vaccine Campaign – a Call to Action
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13 January 2021
Announcement by the then African Union (AU) Chairperson, President Cyril Ramaphosa that the AU secured 270 million COVID-19 vaccine doses for Africa through its COVID-19 African Vaccine Acquisition Task Team (AVATT)
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15 January 2021
The National Department of Health stated that a term-sheet with Pfizer was signed for 20 million doses with the purchase agreement pending
- Director-General of Health, Answering Affidavit Afriforum & Solidarity v Minister of Health and 16 Others, para 145: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
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18 January 2021
Dr Tedros Adhanom Ghebreyesus, World Health Organization (WHO) Director-General stated that due to a lack of timely access to vaccines ‘the world is on the brink of a catastrophic moral failure – and the price of this failure will be paid with lives and livelihoods in the world’s poorest countries’
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19 January 2021
The Africa Medical Supplies Platform (AMSP), on behalf of the Africa Centres for Disease Control and Prevention (Africa CDC), commenced a vaccine pre-order programme for all AU Member States
- According to the AU, the African Export-Import Bank (Afreximbank) will ‘facilitate payments by providing advance procurement commitment guarantees of up to US$2 billion to the manufacturers on behalf of the Member States’
- https://africacdc.org/news-item/amsp-opens-covid-19-vaccines-pre-orders-for-55-african-union-member-states/
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Mid-late January 2021
Johnson & Johnson dossier for purposes of a rolling review is lodged for consideration by the South African Health Products Regulatory Authority (approved on 1 April 2021 )
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Mid-late January 2021
The Covishield Vaccine (Serum Institute of India/ AstraZeneca) is authorised for use under Section 21 of the Medicines and Related Substances Act by the South African Health Products Regulatory Authority
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29 January 2021
Johnson & Johnson phase III trial results released globally via a press statement
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29 January 2021
The European Medicines Agency granted conditional marketing authorisation for AstraZeneca - for individuals 18 years of age and older
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31 January 2021
Archbishop Thabo Makgoba on behalf of the PVC-SA writes to Dr Fauci and others on the Covid-19 US Task Team regarding Vaccine Access for the Global South urging US government action against Moderna and other vaccine manufacturers, and warns of a global access disaster, otherwise
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February 2021
The National Department of Health indicated that it ‘had multiple discussions with the Chinese vaccine manufacturers (Sinovac and Sinopharm), which were facilitated via the Chinese embassy’ (exact date/s unclear)
- Director-General of Health, Answering Affidavit Afriforum & Solidarity v Minister of Health and 16 Others, para 155.2: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
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1 February 2021
HJI, via its legal representatives, Power Singh Incorporated (PSI), sent a Letter of Demand (Letter 4) to the South African government including the Presidency, National Command Centre and the Speaker of Parliament, requesting a response by 12 February 2021
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2 February 2021
South African and Indian (among other) activists delivered letters to embassies from the US, UK, Australia, Canada, Switzerland, Japan, demanding that they stop blocking the TRIPS Waiver, to ensure timely access to life-saving vaccines
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February 2021
Interim results from a phase III trial of the Sputnik V vaccine is published in the Lancet Journal
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3 February 2021
COVAX issued its first interim supply and distribution forecast, indicating 2.976 million AstraZeneca and just under 177 000 Pfizer vaccines for Q1 delivery, for South Africa
https://www.gavi.org/sites/default/files/covid/covax/COVAX-Interim-Distribution-Forecast.pdf
Note: On 3 March 2021, an updated forecast was issued as follows:
‘117 000’ – Pfizer
‘2 426 000’ – AstraZeneca*
* Footnote 4 stated: ‘Use of allocation under discussion; potential to be reallocated’
- https://www.who.int/news/item/02-03-2021-covax-publishes-first-round-of-allocations
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February - March 2021
WHO issued a Vaccine Equity call to ensure that ‘within the first 100 days of the year, vaccination of health workers and older people is underway in all countries’
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4 February 2021
Johnson & Johnson submitted an application to the Food and Drug Administration in the United States for emergency use authorisation
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7 February 2021
Results of the AstraZeneca/Oxford University vaccine against the 501Y.V2 variant first discovered in South Africa is announced at a national press briefing (convened at short notice) with the National Minister of Health, Professor Shabbir Madhi, Professor Glenda Gray, Professor Barry Schoub and the National Minister of Health, Dr Zweli Mkhize
- A decision to pause the use of the vaccine for health care workers in South Africa is announced at that briefing.
- The National Minister of Health stated that ‘the scientists’ will meet in the ‘next day’ to provide formal advice to government on the possible next steps regarding the vaccines.
- Shortly after the press briefing, at the State of Nation Address 2021, the National Minister of Health indicates to journalists that the batch could be used for a ‘study trial’ but it is subsequently sold to the AU.
- To date, no information has been provided to the public on the details and nature of ‘the scientists’ advice – and it is unknown on whose written scientific advice this decision was made, which has recently come under criticism
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12 February 2021
Sisonke: The South African Health Products Regulatory Authority provided urgent study approval for the Johnson & Johnson vaccine for health care workers and for a limited number of research sites, in conjunction with the SA Medical Research Council - as part of a phase 3B clinical trial (study implementation)
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15 February 2021
The National Department of Health indicated that the vaccine doses from the Serum Institute of India will be offered to the African Union (for AVATT)
- Director-General of Health, Answering Affidavit Afriforum & Solidarity v Minister of Health and 16 Others, para 131: https://powersingh.africa/wp-content/uploads/2021/02/50F-0001-Minister-of-Health-Answering-Affidavit-2021-02-22.pdf
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15 February 2021 (to 5 March 2021)
The International Commission of Jurists (ICJ) issued a statement to the Committee of Economic, Social and Cultural Rights at the opening of its 69th Session - the ICJ called on States Parties to acknowledge that ‘access to vaccines is a necessary condition for the enjoyment of the right to health and other Covenant rights, that vaccines are a public good, and everyone’s entitlement’
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17 February 2021
Sisonke Implementation study (Johnson & Johnson) commenced in South Africa
By 26 March 2021, a total of 231 002 health care workers had received the single-dose vaccine
Note: Vaccination sites are also expanding according to the SA Medical Research Council – http://sisonkestudy.samrc.ac.za/
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18 February 2021
UCT scientists announced plans to start a Phase 1 clinical trial of the ImmunityBio vaccine ( hAd5 T-cell trial) at the Wellcome Centre for Infectious Diseases Research in Africa, Khayelitsha clinical research site. The vaccine is being developed by ImmunityBio and manufactured by NantKwest
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22 February 2021
The 55 member states of the African Union endorse the Trade Related Intellectual Property Rights (TRIPS) Waiver proposal at the World Trade Organization (WTO)
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22 February 2021
Vaccine procurement (and allocation case) brought by Afriforum and Solidarity against National Minister of Health and Others - HJI intervened as Amicus (friend of the court)
The HJI filed an application to intervene as amicus curiae in Solidarity and Afriforum’s urgent application to the Pretoria High Court related to ‘COVID-19 Vaccine Acquisition in South Africa’.
The HJI also sought to introduce public health and expert evidence on the issue of equitable allocation during a pandemic amidst supply scarcity
- Solidarity and Afriforum, challenged the constitutionality and legality of the Government’s roll-out strategy, as set out in the department’s “COVID-19 response” document of 7 January 2021.
- The HJI brought the application because while Solidarity and Afriforum consented to the admission of HJI, it had not consented to HJI adducing expert evidence and none of the 17 Respondents had indicated their position or consent by then
Note: Solidarity and Afriforum withdrew the case about one week after HJI filed its application to be admitted as a friend of the court and to adduce expert evidence
- www.healthjusticeinitiative.org.za/post/afriforum-solidarity-amicus-intervention-february-march-2021
- https://powersingh.africa/2021/02/21/solidarity-and-another-v-minister-of-health-and-16-others/
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24 February 2021
The Holy See (Vatican) called for the ‘easing of restrictions imposed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in order to allow speedy and maximum access to Covid-19 vaccines’
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23/24 February 2021
The South African Health Products Regulatory Authority received a dossier for regulatory review for the Sputnik V vaccine (also known as Gam-COVID-Vac) via Lamar International (Pty) Ltd
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27 February 2021
The U.S. Food and Drug Administration issued an emergency use authorization (EUA) for Johnson & Johnson - for use in individuals 18 years of age and older
- https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/janssen-covid-19-vaccine
- The briefing document was released a few days prior – https://www.fda.gov/media/146217/download
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27 February 2021
Johnson & Johnson also submitted its regulatory application to the UK Medicines and Healthcare Products Regulatory Agency (MHRA)
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2 March 2021
Afriforum and Solidarity formally withdraw its legal case
HJI issued its statement on the withdrawal of the case, noting that ‘due to the formal withdrawal of its case, Afriforum and Solidarity have not responded on record to the expert evidence introduced by the HJI which sought to emphasise the principle of prioritisation and equity in a pandemic’
https://www.healthjusticeinitiative.org.za/post/afriforum-solidarity-amicus-intervention-february-march-2021 -
9 March 2021
HJI requested that the National Department of Health place all Ministerial Advisory Committee Vaccine Advisories (mid-January 2021 onwards) in the public domain
- The Department’s MAC secretariat representative replied that ‘internal processes’ must be followed before it can be published
- The HJI followed-up on 23 March 2021 and since
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11 March 2021
The European Medicines Agency granted conditional marketing approval for Johnson & Johnson - for individuals 18 years and older
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11 March 2021
Statement issued by the UN Secretary-General on the COVID-19 Pandemic
The UN Secretary-General expressed concerns that ‘many low-income countries have not yet received a single dose, while wealthier countries are on track to vaccinating their entire population’.
He lambasted the examples of vaccine nationalism and vaccine hoarding and ‘side deals with manufacturers’ that undermine access for all.
And, he stated that, ‘COVID-19 vaccines must be seen as a global public good. The world needs to unite to produce and distribute sufficient vaccines for all, which means at least doubling manufacturing capacity around the world’
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11 March 2021
Director-General of Health responded to HJI’s Letter 1 (dated 16 November 2020) - he addressed some but not all of the questions contained in HJI’s Letters 1-3
The DG stated that the Ministerial Advisory Committee on Covid-19 vaccines (MAC VAC) was appointed by the Minister of Health to ‘provide the strategic framework for access to COVID-19 vaccines’.
Also that ‘the MAC VAC is in the process of developing the COVID-19: Vaccine Strategy. This Strategy will be available on the National Department of Health’s website once it has been finalised’
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12 March 2021
CoronaVac (also known as the Sinovac COVID-19 vaccine and developed by Sinovac Biotech) submitted its application for regulatory review to the South African Health Products Regulatory Authority, via Curanto Pharma (Pty) Ltd
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12 March 2021
Sinovac Biotech offers and ‘pledges’ 5 million doses for South Africa
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13 March 2021
Global Day of Action for a People’s Vaccine is launched in the UK, US, India, Europe, New Zealand and parts of Africa
- https://freethevaccine.org/2021/03/13/a-global-day-of-action-for-a-peoples-vaccine/
- In the UK and US, protest action is held outside the head offices of Pfizer Inc, AstraZeneca, Moderna Inc and Johnson & Johnson
- In South Africa, memoranda are electronically delivered, and in certain cases handed over in person, through protest action by the PVC-SA to: Johnson & Johnson, AstraZeneca, Pfizer Inc, Aspen Pharmacare and Moderna Inc
- https://c19peoplescoalition.org.za/pvc-sa-memorandum/
- To date, only Johnson & Johnson have formally replied in writing to the PVC-SA Memorandum
- https://freethevaccine.org/2021/03/13/a-global-day-of-action-for-a-peoples-vaccine/
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16 March 2021
Pfizer received Section 21 regulatory approval from the South African Health Products Regulatory Authority
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12 - 17 March 2021
2021 Conference on Retroviruses and Opportunistic Infections (CROI) ‘Declaration for Vaccine Equity’ issued, following the Martin Delaney opening presentation
- Started by scientists, public health and legal experts, and community leaders assembled from around the world for the Conference as at 24 March 2021, the Declaration has over 1000 signatories from various scientists, community leaders and public health and human rights specialists
- https://oneill.law.georgetown.edu/covidvaccinestatement/
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19 March 2021
BioVac (SA company) announced a new deal with the U.S.-based company - ImmunityBio Inc
- BioVac will now ‘make raw materials to enable it to join Senegal’s Institut Pasteur de Dakar as one of two companies able to make vaccines from start to finish in sub-Saharan Africa’
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23 March 2021
The National Minister of Health confirmed that 1 million doses of the Covishield (Serum Institute of India/ AstraZeneca ) Vaccine was sold to the African Union (AU) for 14 countries after the AU's vaccine acquisition team ‘found that they have obtained all regulatory approvals, permits and licenses to rollout the vaccines’
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23 March 2021
United Nations Human Rights Council Resolution on Vaccine Equity issued
- Resolution A/HRC/46/L.25/Rev.1 UN HRC Resolution urged states to ensure ‘equitable, affordable, timely and universal access for all countries’ to vaccines
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24 March 2021
Informal meeting on the TRIPS Waiver held (there have been numerous formal and informal meetings and discussions with member states about the waiver proposal since October 2020)
- For more information, key dates, analysis and outcomes regarding the TRIPS Waiver see:
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27 March 2021
The largest private Medical Scheme in the country (Discovery Health) issued a letter to its members
It stated that:
‘the country has secured 31 million doses of vaccines in total, which is sufficient to vaccinate approximately 21 million people (some vaccines require double doses). This comprises 11 million doses of the J&J vaccine and 20 million doses of the Pfizer-BioNTech vaccine, which are both highly effective and suitable. In addition, there are possibly 20 million doses of the J&J vaccine that are being negotiated. This would be sufficient to cover more than the 37 million adults in South Africa, exceeding the population herd immunity target of 29 million people’
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28 March 2021
Mass Vaccine Roll Out Announcement
The National Department of Health announced that it ‘is working in partnership with the private sector to undertake a mass vaccine roll out when Phase 2 gets underway’ from May – October 2021
According to the National Department of Health and Government, there will be three phases of the Vaccination Roll-Out Programme:
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- Phase 1: February – April 2021 (‘1.5 million healthcare workers’)
- Phase 2: May – October 2021 (‘13.3 million vulnerable groups, essential workers and occupational health and safety stream’)
- Phase 3: November 2021 – February 2022 (approximately 22 million people, not covered in Phases 1 and 2)
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