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2024
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[2024] ZAGPJHC 477
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THC Health Centre Pty Ltd t/a THC Pharmacy v South African Health Products Regulatory Authority and Others (2023/053299) [2024] ZAGPJHC 477 (20 May 2024)
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
CASE
NO: 2023-053299
1. REPORTABLE: NO
2. OF INTEREST TO
OTHER JUDGES: NO
3. REVISED YES
20 May 2024
In the matter between:
THC THE HEALTH
CENTRE (PTY) LTD t/a THC PHARMACY
Applicant
and
THE SOUTH AFRICAN HEALTH
PRODUCTS
REGULATORY AUTHORITY
1
st
Respondent
THE
MINISTER OF
POLICE
2
nd
Respondent
DIRECTORATE FOR PRIORITY
CRIME
INVESTIGATION GAUTENG
3
rd
Respondent
CAPTAIN JOHANNES HENDRIK LAST
OF THE GAUTENG SERIOUS
ORGANISED CRIME INVESTIGATION
UNIT, OF THE DIRECTORATE FOR
PRIORITY
CRIME INVESTIGATION
4
th
Respondent
SOUTH
AFRICAN PHARMACY COUNCIL
5
th
Respondent
Heard: 7 July 2023
First Judgment: 3 April 2024
Second Judgment: 20 May 2024
JUDGMENT
MOVSHOVICH AJ:
1.
Pursuant to my judgment of 3 April 2024,
the first respondent made submissions on 17 April 2024, as
contemplated in paragraph 72.8
of that judgment. Those submissions
reinforce the conclusions reached by me on the substantive issues in
the judgment, and the
legal basis for such conclusions.
2.
None of the other parties made any
submissions.
3.
Nothing in the submissions, in my view,
requires me to modify the order I made on 3 April 2024. In the
circumstances, I thus make
the following final order (which adopts
the definitions used in my judgment of 3 April 2024):
3.1
the application is enrolled on the urgent
roll and the applicant's non-compliance with the time periods and
forms prescribed under
the Rules is condoned;
3.2
the late delivery of the SAPS answering
papers is condoned and any costs occasioned by such late delivery are
costs in the cause
of the application;
3.3
subject to what is set forth in 3.4
below, the second and third respondents are
ordered to restore possession of the relevant articles to the
applicant within 10 days
of the date of this order;
3.4
the first and fifth respondents and the
persons who conducted the inspection of the premises on their behalf
on 22 May 2023 are
afforded an opportunity to exercise their powers
(including any seizure powers) in relation to some or all of the
relevant articles
within five days of the date of this order.
For those purposes, the relevant articles will, at all relevant
times, be deemed
to be in possession of the applicant and not in the
possession of the SAPS. The first and fifth respondents shall
communicate
their decisions in respect of the exercise of their
powers in writing to the SAPS and the applicant within the aforesaid
five day
period, so as to afford the second and third respondents an
opportunity to restore possession to such of the relevant articles as
will not be seized by the first and/or fifth respondent within 10
days of the date of this order;
3.5
the second to fourth respondents shall bear
the costs of the applicant in the application, including the costs of
two counsel where
so employed, save for any costs occasioned by the
first respondent's opposition to the relief sought against it;
3.6
save as aforesaid, each party will bear its
own costs in the application.
Hand-down
and date of judgment
4.
This judgment is handed down electronically
by circulation to the parties or their legal representatives by email
and by uploading
the judgment onto Caselines. The date and time
for hand down of the judgment are deemed to be 10:00 on 20 May 2024.
VM MOVSHOVICH
ACTING JUDGE OF THE HIGH COURT
Applicant's
Counsel:
E Kilian SC and C Cremen
Applicant's
Attorneys:
Symes Inc
First Respondents'
Counsel:
JM Berger and EC Chabalala
First Respondents'
Attorneys:
Maluleke Inc
Second to Fourth Respondents'
Counsel: CR Minnaar
Second to Fourth Respondents'
Attorneys: State Attorney
Date of Hearing:
7 July 2023
Date of First Judgment:
3 April 2024
Date of Final Judgment:
20 May 2024