The Supreme Court of Appeal has granted the appeal by the Clicks Group against a decision of the Western Cape High Court that had found in favour of the Independent Community Pharmacy Association the company’s corporate structure contravened regulation six of the Pharmacy Act.
Head of Legal at Clicks Group, Matthew Welz said: “We are pleased that the appeal has been upheld, and take this as affirmation of our long-held view that Clicks Retailers, which is the company that owns and operates Clicks pharmacies in South Africa, has at all times complied with the relevant laws. The position advanced by ICPA was based on an incorrect interpretation of the law.”
A Cape Times report says the decision by the High Court had been made on the basis that entities within the Clicks Group owned community (retail) pharmacies and, at the same time, had a beneficial interest in a manufacturing company.
The ICPA had lodged a complaint with the Health Department against the company, calling for the manufacturing licence of Unicorn Pharmaceuticals to be revoked. Unicorn is a holder of 39 generic medicines under the regulatory regimes that apply to the sale of medicines.
ClicksVICPA
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