Attempts by the Department of Health to prosecute pharmacists who revert to the old pricing of medicines will amount to a vexatious prosecution and pharmacists will be entitled to sue the state for civil damages.
This was stated on Thursday by Anthony Norton, attorney for the apellants, including the Pharmaceutical Society of South Africa and Netcare, who successfully appealed against a Cape High Court judgement dismissing their application for the scrapping of the government’s new medicine-pricing regulations.
Norton said the government’s pricing regulations are ”null and void” following the judgement of the Supreme Court of Appeal on Monday.
”We disagree fundamentally with the Department of Health, which has stated that its pricing regulations were once again in operation following the filing of an application for leave to appeal to the Constitutional Court against the judgement of the Supreme Court of Appeal.
”In our view, the effect of the decision of the Supreme Court of Appeal is that the regulations as of Monday December 20 2004 are null and void and of no force or effect.
”Until such time as the Constitutional Court formally grants the state leave to appeal, the regulations remain invalid.
”In the event that the Department of Health resorts in the interim to prosecute any pharmacists who did not apply the regulations, this would amount to a vexatious or militias prosecution and the pharmacists concerned would be entitled to sue the state for civil damages,” Norton added. — I-Net Bridge
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