Judgment in the appeal application of pharmacists regarding the government’s new medicine pricing regulations was reserved by the Supreme Court of Appeal in Bloemfontein on Wednesday.
Advocate Marumo Moerane, for the State, concluded his arguments by asking the court to dismiss the pharmacists’ appeal against a Cape High Court decision to uphold the government’s new medicine regulations.
The Pharmaceutical Society of SA (PSSA), New Clicks and others were challenging the new regulations, which set a single factory exit price for medicines and restrict pharmacists to a fixed dispensing fee.
The pharmacists applied directly to the court for leave to appeal the Cape High Court decision.
Moerane told the court on Wednesday that it was not a court of first instance and therefore had no jurisdiction in deciding the matter before judgment was delivered in the Cape High Court.
He argued that the only court that could hear arguments in the circumstances was the Constitutional Court, which was both a court of appeal and first instance.
However, advocate Jeremy Gauntlet, for New Clicks, argued that there was nothing unusual in the application for leave to appeal to the court.
Earlier, Moerane had objected to procedures adopted by the court in hearing the application by pharmacists. His objection focused on the court agreeing to hear arguments on its jurisdiction in the matter simultaneously with the merits of the case.
The State argued that the Cape High Court had not yet given judgment on the application for leave to appeal.
This judgment was reserved on September 20.
However the Appeal Court heard from Gauntlet that the Cape High Court was ”taking too long” with its judgment.
The group’s lawyer argued that the delay was interfering with its right to a fair hearing.
The Cape High Court in the meantime announced on Tuesday — the first day of the appeal court hearing — that judgment would be delivered on Friday. – Sapa