Administrator of the Cape v Raats Rontgen and Vermeulen (Pty) Ltd (610/90) [1991] ZASCA 126; 1992 (1) SA 245 (AD); [1992] 1 All SA 257 (A) (27 September 1991)

Administrator of the Cape v Raats Rontgen and Vermeulen (Pty) Ltd (610/90) [1991] ZASCA 126; 1992 (1) SA 245 (AD); [1992] 1 All SA 257 (A) (27 September 1991)

The Supreme Court of Appeal held that the Administration's scheme for repacking and distributing medicines did not contravene the Medicines and Related Substances Control Act or its Regulations. The transmission of prepacked medicines to district pharmacists was not a 'sale' within the meaning of the Act, as it did not involve a commercial transaction but was an administrative supply. The requirements of regulations 9 and 10 regarding labelling and package inserts did not apply to such transmissions, and the dispensing of medicines to patients by district pharmacists fell within the exceptions provided by the Regulations. Regulation 12(1) was interpreted as applying only to the medicine...

Citation
[1991] ZASCA 126
Parties
Appellant: Administrator of the Cape; Respondent: Raats Rontgen and Vermeulen (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 September 1991
Case Number
610/90
Procedural Posture
Civil Appeal / Appeal From the Cape Provincial Division
Outcome
Appeal upheld; application dismissed with costs.
Judges
Botha, Hefer, Nestadt, Van den Heever, KrieglER
Legal Topics
Medicines and Related Substances Control Act, Statutory Interpretation, Public Health Regulation, State Liability, Regulatory Compliance
Administrative Law Commercial and Corporate Medicines and Related Substances Control Act Statutory Interpretation Public Health Regulation State Liability Regulatory Compliance

Case Brief

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Parties

Administrator of the Cape

Appellant

Raats Rontgen and Vermeulen (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From the Cape Provincial Division

Legal Issues

  1. 1 Does the Administration's scheme for repacking and distributing medicines contravene the Medicines and Related Substances Control Act and its Regulations?
  2. 2 Are the provisions of the Act and Regulations binding on the Cape Provincial Administration?

Ratio Decidendi

The Supreme Court of Appeal held that the Administration's scheme for repacking and distributing medicines did not contravene the Medicines and Related Substances Control Act or its Regulations. The transmission of prepacked medicines to district pharmacists was not a 'sale' within the meaning of the Act, as it did not involve a commercial transaction but was an administrative supply. The requirements of regulations 9 and 10 regarding labelling and package inserts did not apply to such transmissions, and the dispensing of medicines to patients by district pharmacists fell within the exceptions provided by the Regulations. Regulation 12(1) was interpreted as applying only to the medicine...

Court Disposition

Appeal upheld; application dismissed with costs.

Orders

  • The appeal is upheld with costs, including the costs of two counsel.
  • The order of the court a quo is set aside and substituted with an order dismissing the application with costs, including the costs of two counsel.