Drug resistant tuberculosis in South Africa--what level of risk justifies isolation?

Drug-resistant tuberculosis (MDR-TB and XDR-TB) is difficult to treat and poses a public health risk, especially in view of the HIV epidemic currently raging in South Africa. The National Health Act 2003 provides for treatment without consent, but not for mandatory isolation. Draft regulations of2008 provide that courts may issue isolation orders in certain circumstances. This article discusses the justifiability of this limitation of rights, in terms of the Constitution, in particular the level of risk to public health, which justifies the isolation. In conclusion it is argued that the draft regulations seem to have adopted different risk levels for isolation orders and for the release of patients with MDR- and XDR-TB: Courts may issue isolation orders only if the risk posed by patients is serious, while patients may be released only if they pose at most an insignificant risk to public health.