Pharmacists will not be breaking the law should they not abide by the maximum R26 dispensing-fee rule for medication.
Therefore, they have nothing to fear from threats by the Department of Health to prosecute pharmacists who do not continue to adhere to the government’s now-invalid medicine-pricing regulations, according to Anthony Norton, attorney for the Pharmaceutical Society of South Africa (PSSA) and other appellants.
Norton was responding on Tuesday to recent warnings to pharmacists by the Department of Health to continue to comply with the new pricing regulations, which have been the subject of much controversy.
Recently, the PSSA successfully appealed in the Supreme Court of Appeal against a Cape High Court judgement dismissing its application for the setting-aside of the regulations.
Norton said the department “must stop its bullying tactics” by intimidating pharmacists with prosecution until the outcome of the government’s application for leave to appeal to the Constitutional Court has been resolved.
At the same time, he urged the department to show due respect for the legal process.
Norton said the directive issued by the Constitutional Court giving a date for the application for leave to appeal the decision of the Supreme Court of Appeal does not suspend the judgement of the Supreme Court of Appeal.
“This position is confirmed by a number of independent law firms. Accordingly, we have advised our clients that the medicine-pricing regulations cannot be enforced, as they are null and void.
“In view of the fact that the Constitutional Court will hear the state’s application for leave to appeal in March 2005, we sincerely hope that the Department of Health will allow the legal process to take its proper course and will desist from threatening pharmacists in the meanwhile.
“The Supreme Court of Appeal’s groundbreaking judgement when it unanimously decided to set aside the pricing regulations promulgated under Section 22G of the Medicines and Related Substances Act will remain in force until the Constitutional Court rules otherwise,” concluded Norton. — I-Net Bridge
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