The High Court has declined to set aside the decision of the Pharmacy Council of Namibia not to terminate the registration of Dis-Chem Pharmacies as community pharmacies in Namibia.
Last week, judge Nate Ndauendapo said the Pharmaceutical Society of Namibia launched its review application late and failed to furnish the court with a reasonable explanation.
He said despite knowing in November 2019 that various outlets of Dis-Chem Pharmacy were registered outside the law, the Society only instituted their suit in December 2020.
According to Ndauendapo, because some of the Dis-Chem Pharmacy outlets have been operating based on the registrations, they would suffer a great loss if such registrations were to be set aside.
“They have been in business for many years and over that period made a substantial investment and have built up a client base that relies on them for medication… the prejudice to be suffered will be substantial,” said Ndauendapo.
In December 2020, the Pharmaceutical Society of Namibia approached the court seeking a review and setting aside the Pharmacy Council of Namibia’s decision to recognise three pharmacy outlets of Dis-Chem as community Pharmacies.
The outlets are Dis-Chem Wernhill Pharmacy, Dis-Chem Swakopmund, and Dis-Chem Walvis Bay Pharmacy. The registrations took place in May 2014, November 2016, and October 2019 respectively.
According to Ulrich Ritter, president of the Pharmaceutical Society of Namibia, the registrations were not done in compliance with the law.
He said the directors of the pharmacies are not Namibians nor do they reside in Namibia as required by the Act. Furthermore, they are not registered as pharmacies in Namibia.
“There is overwhelming evidence demonstrating a breach of the Act and pointing inexorably to the fact that the registration of each of the respondents was a consequence of error or fraud,” said Ritter in his affidavit.
However, the president of the Pharmacy Council of Namibia, Bernadia Coetzee said the society failed to make use of internal processes before approaching the court.
She said they also do not have the locus standi to bring forth such a review application, which was allegedly filed late.
Furthermore, she denied that the registration was done outside of the law, citing that the council thoroughly considered the applications for registration before granting the registration certificates.
-mamakali@nepc.com.na