IPA Foundation (NPC) v South African Pharmacy Council (Leave to Appeal) (7452/2022) [2023] ZAGPPHC 1154 (18 September 2023)

IPA Foundation (NPC) v South African Pharmacy Council (Leave to Appeal) (7452/2022) [2023] ZAGPPHC 1154 (18 September 2023)

Although the grounds of appeal do not present a reasonable prospect of success, the subject matter of the review application is of significant public importance, particularly regarding the broadening of access to essential medicines and the statutory authority of the South African Pharmacy Council. The issue involves the interpretation of different statutes and the scope of administrative power, which are matters of law warranting consideration by the Supreme Court of Appeal. Therefore, leave to appeal is granted on the basis of compelling reasons related to the legal significance and public interest of the issues raised.

Citation
[2023] ZAGPPHC 1154
Parties
Applicant: IPA Foundation (NPC); Respondent: South African Pharmacy Council
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 September 2023
Case Number
7452/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Review Judgment
Outcome
Leave to appeal granted to the Supreme Court of Appeal; costs are costs in the appeal.
Judges
E van der Schyff
Legal Topics
Pharmacist Initiated Treatment, Statutory Interpretation, Scope of Administrative Power, Broadening Access to Art, Review of Administrative Action
Administrative Law Health Law Pharmacist Initiated Treatment Statutory Interpretation Scope of Administrative Power Broadening Access to Art Review of Administrative Action

Case Brief

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Parties

IPA Foundation (NPC)

Applicant

South African Pharmacy Council

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Review Judgment

Legal Issues

  1. 1 Whether the administrator was authorised by the empowering provision to take the decision regarding pharmacist-initiated treatment.
  2. 2 Whether the interpretation of relevant statutes supports the South African Pharmacy Council's authority to broaden access to PEP, PREP, first-line ART, and TPT.
  3. 3 Whether there are compelling reasons for the appeal to be heard beyond reasonable prospects of success.

Ratio Decidendi

Although the grounds of appeal do not present a reasonable prospect of success, the subject matter of the review application is of significant public importance, particularly regarding the broadening of access to essential medicines and the statutory authority of the South African Pharmacy Council. The issue involves the interpretation of different statutes and the scope of administrative power, which are matters of law warranting consideration by the Supreme Court of Appeal. Therefore, leave to appeal is granted on the basis of compelling reasons related to the legal significance and public interest of the issues raised.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal; costs are costs in the appeal.

Orders

  • Leave to appeal is granted to the Supreme Court of Appeal.
  • Costs are costs in the appeal.