The Department of Health has rejected media speculation that it is backtracking on its intention to appeal in the Constitutional Court a ruling by the Supreme Court of Appeal voiding its medicine-pricing regulations.
Minister of Health Manto Tshabalala-Msimang’s spokesperson Charity Bhengu said on Tuesday: “The lawyers are still preparing the papers, which will be filed by the end of the day. This will lead to a suspension of yesterday’s ruling. We intend filing the papers by the end of today.”
Department of Health communications director Solly Mabotha also rejected any speculation on backtracking by the department.
“Any suggestion we are backtracking is totally untrue,” he said.
The department’s legal team is in the process of sorting out the papers, and it is hoped the papers would be filed by the end of Tuesday, he confirmed.
On Monday, the Department of Health gave notice it intends to take its fight further to maintain the medicine-pricing regulations, following the Supreme Court of Appeal’s voiding of the regulations.
The court earlier granted leave to appeal — and simultaneously upheld the appeals of the Pharmaceutical Society of South Africa, New Clicks and six other entities that own pharmacies — against a Cape High Court judgement dismissing their application for the scrapping of the regulations.
The bodies challenged the regulations that sought to control the factory exit price of medicines and restrict pharmacists to a maximum dispensing fee. — Sapa
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