Years of persistence pays off as WC High Court judge rules in favour of ICPA
The Independent Community Pharmacy Association (ICPA) -Clicks saga started in 2016, when ICPA, a non-profit organisation representing over 1 100 independent community pharmacies and over 3 000 pharmacists with over 20 000 support staff, lodged a complaint with the Department of Health against various subsidiaries of Clicks and its holding company.
Jackie Maimin, the CEO of ICPA said “The crux of our court application was the allegation that Clicks (“the holding company and its subsidiaries”) were acting in contravention of section 22A of the Pharmacy Act, Act 53 of 1974 (“the Act”) read together with Regulation 6 thereof.”
In terms of the section and Regulation, a condition is placed on ownership in that an entity having a beneficial interest in a community pharmacy is prohibited from being the holder of a direct or indirect beneficial interest in a manufacturing pharmacy.
“We persisted with this argument for years, in order to protect the best interest of the consumer against the financial interest of parties who were acting in contravention of the Act and the Regulation,” said Maimin.
The Western Cape High Court has confirmed the ICPA stance and adjudicated that Clicks are in contravention of the Act and its Regulations.
The Judge agreed that an entity having an interest in both a retail and manufacturing pharmacy would gain financially if, the manufacturing pharmacy’s products are promoted by the pharmacist within the chain’s community pharmacies, over other products. This conflict could result in the consumer not receiving the best quality product at the best available prices. This we argued was not in the best interest of the consumer.
The Western Cape High Court has set aside the previous decisions of the Director General and the Appeal Committee and has referred the matter to them for the consideration of a sanction against Clicks for the contravention of the Act and Regulations.
ICPA continues to strive to protect the best interests of all South African consumers and the attached judgment is a confirmation of the good work ICPA continues to do in achieving its noble objectives.
ICPA Board of Directors
Sham Moodley (Chairman), Kgabo Tshepo Komape (Deputy Chair), Simonè Eksteen (Treasurer), Rakesh Daya, Mehboob Ali Cassim, Pauline Randles, Kobus le Roux, Mogologolo Phasha (NHI Director).
Editor: Anchen Coetzee
Submitted by: Jackie Maimin: CEO / ICPA
