About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: North Gauteng High Court, Pretoria
SAFLII
>>
Databases
>>
South Africa: North Gauteng High Court, Pretoria
>>
2023
>>
[2023] ZAGPPHC 1154
|
|
IPA Foundation (NPC) v South African Pharmacy Council (Leave to Appeal) (7452/2022) [2023] ZAGPPHC 1154 (18 September 2023)
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE NO: 7452/2022
(1)
REPORTABLE: YES/NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED: NO
Date: 18
September 2023
E van der Schyff
In
the matter between:
THE
IPA FOUNDATION (NPC)
APPLICANT
and
SOUTH
AFRICAN PHARMACY COUNCIL
RESPONDENT
JUDGMENT
Van
der Schyff J
Introduction
[1]
The
Superior Courts Act 10 of 2013
, provides for leave to appeal to be
given only in two circumstances.
[1]
The first is where the judge concerned is of the opinion that an
appeal would have a reasonable prospect of success. The second
is
that there are some compelling reasons why the appeal should be
heard.
[2]
I am not of the view that, on the grounds of appeal raised by the
applicant,
the appeal would have a reasonable prospect of success.
Comprehensive reasons were provided for the order granted in the
written
judgment handed down, and I do not propose to rehash those.
[3]
The subject matter of the review application, is, however, of great
importance.
Not only as far as it is necessary to obtain finality on
the issue of broadening access to PEP, PREP, and first-line ART and
TPT,
but as far as it relates to the South African Pharmacy Council’s
authority to utilise ‘pharmacist-initiated-treatment’
and
'primary drug care therapy’ as a vehicle to enable adequately
trained pharmacists to provide specialised services, like
PIMART,
previously rendered by medical practitioners. It essentially boils
down to the question of whether the administrator who
took the
decision was authorised to do so by the empowering provision.
[4]
The issue that moved me to grant leave to appeal is an issue of law
and
involves the interpretation of different statutes. It is thus
appropriate to grant leave to appeal to the Supreme Court of Appeal.
ORDER
In
the result, the following order is granted:
1.
Leave to appeal is granted to the Supreme Court of Appeal.
2.
Costs are costs in the appeal.
E van der Schyff
Judge of the High Court
Delivered:
This judgment is handed down electronically by uploading it to the
electronic file of this matter on CaseLines.
As a courtesy gesture,
it will be sent to the parties/their legal representatives by email.
For the applicant:
Adv. J.C. Uys SC
Instructed by:
BRAND POTGIETER
INCORPORATED
For the respondent:
Adv. B. Leech SC
With:
Adv. S.L. Mohapi
Instructed by:
WERKMANS ATTORNEYS
Date of the
hearing:
13 September 2023
Date of judgment:
18 September 2023
[1]
S
17.