South Africa Case Law

Clicks Group Ltd and Others v Independent Community Pharmacy Association and Others (644/2020)

Clicks Group Ltd and Others v Independent Community Pharmacy Association and Others (644/2020) [2021] ZASCA 167; [2022] 1 All SA 297 (SCA) (3 December 2021)

Court

Supreme Court of Appeal

Case number

644/2020

Judges

Petse, Mathopo, Makgoka, Plasket, Kgoele

The majority held that the Clicks Group's corporate structure does not contravene regulation 6(d) of the Regulations relating to Ownership and Licensing of Pharmacies. The court found that the concept of 'beneficial interest' does not extend to shareholders in the context of South African law, as company assets are distinct from shareholder interests. The Director-General and Appeal Committee acted lawfully in dismissing the complaint, as the jurisdictional requirements for revocation of licences were not met and no evidence was adduced of actual conflict of interest or harm to patients. The…

Source excerpt

• Pharmacy Licensing
• Beneficial Interest
• Corporate Structure
• Regulation Interpretation
• Right To Health
• Conflict Of Interest

Independent Community Pharmacy Association v Minister of Health and Others (11647/18)

Independent Community Pharmacy Association v Minister of Health and Others (11647/18) [2020] ZAWCHC 47 (3 June 2020)

Court

Western Cape High Court, Cape Town

Case number

11647/18

Judge

Sievers

The High Court reviewed and set aside administrative decisions finding no pharmacy-law breach, held the Clicks corporate structure contravened Regulation 6, and remitted sanction.

• Pharmacy Licensing
• Beneficial Interest
• Corporate Structure
• Administrative Review
• Conflict Of Interest
• Pharmacy-licensing