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South Africa decisions
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IPA Foundation (NPC) v South African Pharmacy Council and Others (7452/2022) [2023] ZAGPPHC 666 (14 August 2023)
The High Court dismissed a review of the SAPC's decision to implement PIMART, finding adequate notice, lawful authority, and no procedural unfairness.
British American Tobacco South Africa (Pty) Ltd v Minister of Health (463/2011) [2012] ZASCA 107; [2012] 3 All SA 593 (SCA) (20 June 2012)
The Supreme Court of Appeal held that s 3(1)(a) of the Tobacco Products Control Act, as amended, does limit the right to freedom of expression for tobacco manufacturers and consumers by prohibiting advertising and promotion, including one-to-one communications. However, this limitation is reasonable and justifiable under s 36(1) of the Constitution, given the compelling public health interests, South Africa's international obligations under the WHO Framework Convention on Tobacco Control, and the need to protect citizens from the harmful effects of tobacco. The Court found that less restricti…
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Treatment Action Campaign and Another v Rath and Others (12156/05) [2008] ZAWCHC 34; [2008] 4 All SA 360 (C) (13 June 2008)
The court found that VitaCell, distributed by the Rath respondents, qualifies as a 'medicine' under the Medicines Act due to the medicinal claims made about its efficacy in treating AIDS. The supply of VitaCell to SANCO constitutes a sale under the Act, even if no consideration is received. However, VitaCell is not subject to mandatory registration as a medicine under the 2002 call-up notice, which only initiates a process for potential registration. The Rath respondents conducted clinical trials without authorisation, which is unlawful under the Medicines Act and its regulations. The adverti…
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Minister of Health and Others v Treatment Action Campaign and Others (No 1) (CCT9/02) [2002] ZACC 16; 2002 (5) SA 703; 2002 (10) BCLR 1075 (5 July 2002)
The Constitutional Court dismissed an appeal against an interim execution order requiring limited Nevirapine access pending the main appeal.
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