The Constitutional Court is due to hear an application by the Department of Health on Tuesday about its controversial medicine pricing regulations.
Part of the regulations, which were introduced last May to make medicines more affordable, include formulas to set the manufacturer’s price and cap the profit that pharmacists may make from selling medicines.
Pharmacists believe this will put them out of business and have waged a prolonged court battle with the department to alter the dispensing fee maximum from R26 or 26% of the cost of the medicine.
While waiting for word of an appeal of a Cape High Court ruling in favour of the Department of Health, the pharmacists decided to approach the Supreme Court of Appeal directly.
The appeal court declared the regulations invalid and the Department of Health will ask the Constitutional Court for leave to appeal against this ruling.
Part of the challenge will be the appeal court’s jurisdiction in the matter. The department believes it was wrong for the appeal court to have made the ruling before the outcome of the Cape High Court application.
The high court ruled one day after the Supreme Court of Appeal ruling, denying leave to appeal.
The Treatment Action Campaign and Innovative Medicines of SA will participate as amici curiae (friends of the court). – Sapa