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dc.date.accessioned 2017-04-08T17:03:04Z
dc.date.available 2017-04-08T17:03:04Z
dc.date.created 2005-03-11 en
dc.identifier.citation [2005] ZACC 3
dc.identifier.citation 2006 (3) SA 247 (CC)
dc.identifier.citation 2005 (6) BCLR 529 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2227
dc.title Affordable Medicines Trust and Others v Minister of Health and Another en
dc.title.alternative CCT27/04 en
dc.identifier.casenumber CCT27/04 en
dc.date.hearing 11 November 2004
dc.contributor.judge Ngcobo J
dc.date.judgment 11 March 2005
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2227/Full%20judgment%20%28415%20Kb%29-3442.pdf?sequence=2&isAllowed=y
dc.concourt.synopsis Application for leave to appeal against decision of the Pretoria High Court dismissing a challenge to the constitutionality of a licensing scheme introduced by government. The scheme, set up by the Medicines and Related Substances Act, 101 of 1965 "the Act"), and regulations made under that Act, sought to regulate the dispensing of medicines by health care providers such as dentists and medical practitioners. Such health care providers had to be licensed to dispense medicines. The applicants challenged the constitutionality of section 22C(1)(a) of the Act, and regulations 20, 18(3)(b), (f), (g), (i), 18(5), 18(6) and 18(7). The case concerned, firstly, the powers given to the Director-General of Health to prescribe conditions on which licenses would be issued; second, the factors the Director-General is required to have regard to in issuing licenses; and third, the linking of licenses to dispense to particular premises. Ngcobo J, in a judgment in which all the judges concurred, found that the powers conferred on the Director-General by section 22C(1)(a)of the Act are consistent with the objective of increasing access to medicines that are safe for consumption by the public. These powers include the power to make regulations consistent with this objective, and Ngcobo J therefore found that section 22C(1)(c) of the Act, and regulations 18(3)(b), (f), (g), (h), (i); 18(5)(b) and (f); 18(6); 18(7) and regulation 20 are constitutional. However, the purpose sought to be achieved by regulation 18(5)(a), (c), (d), (e) were not authorised by the Act and were therefore invalid.
dc.concourt.casehistory Application for leave to appeal directly to the Constitutional Court from the judgment and order of the Pretoria High Court, reported as Affordable Medicines Trust and Others v Minister of Health and Others 2004 (6) SA 387 (T).


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