Doctors take govt to court

2003-05-16 14:52

Johannesburg - The National Convention on Dispensing (NCD) announced on Friday it has launched a court action against the Department of Health over new legislation on dispensing of medicines.

NCD chairperson doctor Norman Mabasa said in Johannesburg in terms of recent amendments to the Medicines and Related Substances Act, doctors have to apply for a license if they wish to dispense medicines. The new law came into effect on May 2.

According to the legislation, medical practitioners would not be able to dispense medicines if they do not have such a licence by May 2, 2004.

The NCD is a non-profit organisation tasked by dispensing doctors to retain their rights to dispense.

Mabasa said prior to the coming into operation of the law, the NCD drew the attention of the health ministry to the fact that appropriate regulatory infrastructure required for doctors to apply for licences was not yet in place.

To date, there has been no response from the department while doctors have less than a year to apply for licences, but were not in a position to do so, he said.

"We find such a flaw by the department as unconstitutional and the court application is directed at declaring the relevant sections of the legislation to be null and void."

The case was anticipated to be heard early in June in the Pretoria High Court.

Applicants in the case were the Affordable Medicines Trust, a trust set up to protect the rights of dispensing doctors, the NCD and Mabasa in his personal capacity as a dispensing doctor.

- SAPA