The Cape High Court’s rejection of the medicines appeal bid would not affect the Supreme Court of Appeal (SCA) hearing, the Pharmaceutical Society of SA said on Friday.
”We note the judgement, also again that it’s a split decision,” said PSSA executive director Ivan Kotze.
”But as we’ve approached the SCA already, we’re awaiting the SCA judgement.”
The PSSA, New Clicks and several other applicants in September asked the High Court to overturn the government’s medicine pricing regulations.
When their application was rejected, they asked leave to appeal to the SCA, and when after two months Cape Judge President John Hlophe had still not delivered his ruling on this request, approached the SCA directly.
On Friday, Hlophe finally delivered his ruling, rejecting the bid for leave to appeal.
However, Deputy Judge President Jeanette Traverso filed a dissenting minority judgement. She also wrote a minority dissenting judgement in the original ruling.
Asked whether Friday’s ruling would affect the process in the SCA, which heard argument this week and has reserved judgement, Kotze said: ”Not as far as I know, not at all. We’ve already argued at the SCA the jurisdiction and the merits of our appeal.”
He said that according to the PSSA’s lawyers, Friday’s split decision was ”unprecedented”.
”The application was only for leave to appeal, and the question was could another court have come to a different decision. And with the original split decision, one would have expected the judge to grant it,” he said.
PSSA attorney Martin Versfeld said he was not aware of any other matter in which there had originally been a dissenting opinion and where leave to appeal had not been granted.
United Cape Pharmacies, which represents 275 pharmacies in the Western Cape, said in reaction to Friday’s ruling that it was another setback to an embattled industry.
”Prolonging the legal challenge further delays prospects for a much-needed resolution. In the meantime, pharmacies are struggling to break even and having to cut down on costs, which includes staff retrenchments,” said spokesperson Isgak Ismail.
”The first layoffs and closures in our industry have begun.” – Sapa