The SA Health Products Regulatory Authority (SAHPRA) denied in court that there is any rule or condition that grants exclusive rights to the government to procure COVID-19 vaccines, writes MedicalBrief.
Solidarity maintains that government is centralising the purchases in a roundabout way, to the detriment of a vaccination project that would have proceeded much faster if the private sector could have played a greater role, especially with regard to purchases.
In its response, Sahpra denied that government had the sole right to the purchases, arguing that “this illegal provision” did not exist.
SAHPRA CEO Dr Boitumelo Semete-Makokotlela said in her affidavit that all the conditions for vaccine purchases had been published on the SAHPRA website and that there was no criteria preventing the sale of vaccines to provincial governments or private purchasers.
This confirmation, observes Rapport, sank the urgent application of Solidarity and AfriForum in the Gauteng High Court (Pretoria) to challenge the alleged exclusivity. Judge Selby Baqwa struck the application from the roll for lack of urgency with costs.
Solidarity and AfriForum had relied on media statements from SAHPRA and an article in Business Day in which it was reported that SAHPRA had authorised the use of the J&J vaccine on condition that only the government may procure it.
Suspended Health Minister Zweli Mkhize also announced earlier in the year that the procurement of vaccines would be centralised, although he later backtracked by saying government would not stand in the way of anybody wishing to procure vaccines.
Baqwa said the court could not rely on media reports when SAHPRA has denied under oath that the condition exists. Solidarity said it plans to enrol the remaining parts of the application on the normal roll.
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