Medical doctors will consider appealing against the Pretoria High Court’s dismissal on Friday of their constitutional challenge to regulations obliging them to acquire special licences to dispense medicines.
”We will talk to our legal advisers today, study the judgement and make a decision by the end of the weekend as to whether an appeal would be a viable option,” Dr Mphata Norman Mabasa, one of the applicants, said outside the courtroom.
Should an appeal be pursued, the process could be initiated as soon as next Monday, he added.
Acting Judge Johann Kruger dismissed with costs an application by Mabasa, the Affordable Medicines Trust and the National Convention on Dispensing.
He rejected their contention that the regulations infringe on their constitutionally protected rights and those of their patients.
He also dismissed arguments that Minister of Health Manto Tshabalala-Msimang exceeded her powers in passing the regulations and that the new licensing provisions are not connected to the government’s stated purpose of making safe medicines more accessible.
Mabasa expressed disappointment at the judgement and urged the Department of Health to initiate dialogue with those doctors who have not yet obtained their dispensing licences.
Deputy Director General of Health Dr Kamy Chetty described the court’s ruling as a victory for the people and patients of South Africa. — Sapa