The Constitutional Court on Friday ordered that the controversial medicine-dispensing fee be reviewed within 60 days.
In what it called a ”partial victory for both sides” it set aside a Supreme Court of Appeal judgement declaring the new medicine-pricing regulations invalid.
It said there is no need to scrap the law, but that changes within the law are needed.
The new regulations, which went into effect from August last year, set single exit prices at the wholesale level for medicines, while fixing pharmacists’ dispensing fees at 26% for medicines costing less than R100 and a maximum of R26 for those costing R100 or more.
Pharmacy groups including listed retailer New Clicks and the Pharmaceutical Society of South Africa (PSSA) have contested several aspects of the legislation at various levels of the South African court system, until the case reached the Constitutional Court in March this year.
They argued that the regulations make conducting business unprofitable, particularly for smaller pharmacies.
The Constitutional Court’s order set down which words must be removed.
It said the issue of the dispensing fee must be revisited and that oral submissions must be made to the pricing committee.
Chief Justice Pius Langa said that he trusts pharmacists not to exploit the public until this process is concluded.
The minister of health has 60 days to publish the changes to the regulations.
The Department of Health’s Anban Pillay said it is ready to move forward with the recommendations.
”Some of the corrections we have already prepared for,” he said.
PSSA chief executive Ivan Kotze said he is relieved by the judgement.
”I am relieved that we can go ahead and negotiate [the dispensing fee], and hopefully have it finished in time for Christmas.” — Sapa, I-Net Bridge