Pharmacy Act, 1974 (Act No. 53 of 1974)

Regulations

Regulations relating to the Registration of Persons and the Maintenance of Registers

Chapter XII
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77.        Appeals and appeal procedure

 

The council must at its first meeting of every year appoint an appeal committee consisting of—

(1)a chairperson appointed on account of his or her knowledge of the law;
(2)a pharmacist registered with council, and resident in the Republic of South Africa; and
(3)one additional person.

 

78.Any person whose rights may be adversely affected by any decision of the council, a committee of council, or the registrar regarding the registration, suspension or cancellation of the registration of a pharmacy, or him- or her- or itself, or of the nominee, or managing director of a company or manager of a close corporation entitled to carry on the business of a pharmacist in terms of the Act, may appeal against such decision to the appeal committee in the manner set out hereafter.

 

79.The appellant shall lodge his, her or its appeal against a decision referred to in regulation 78 within fourteen (14) days after notice of such decision in writing is deemed to have come to the notice of the appellant in terms of regulation 102(2).

 

80.The notice of appeal must be in writing and under oath, stating in full the decision against which the appeal is lodged, the grounds on which such appeal is lodged, and must nominate a physical address, being not more than ten (10) kilometres from the offices of council where the appellant will accept delivery of all documents relevant to the appeal.

 

81.The notice of appeal must be lodged with the registrar together with:
(1)payment of the fee as determined by council; and
(2)four (4) copies of the record of appeal consisting of the decision appealed against, the written reasons for such decision, and all relevant documents, duly indexed and paginated,

after having served a copy thereof on all interested parties, who are hereafter referred to as the respondents.

 

82.The registrar must upon receipt of the notice of appeal, allocate a case number and notify the appellant, and all the respondents thereof.

 

83.The respondents may within fourteen (14) days of delivery to them, of the notice of appeal, deliver answering affidavits to the registrar, and must, if applicable, serve copies thereof on the appellant and all other respondents.

 

84.The appellant may within fourteen (14) days of delivery to him, her or it of the answering affidavits, deliver a replying affidavit.

 

85.The registrar must on the expiry of the period referred to in regulation 83 allocate a date for the hearing of the appeal and give the appellant and all respondents, written notice of the date of and venue for the hearing, whereupon the appeal is set down for hearing accordingly.

 

86.The registrar must inform members of the appeal committee of the date and venue for the hearing and furnish them with copies of the appeal record and the affidavits delivered by the appellant and the respondents.

 

87.Not less than seven (7) days before the appeal is to be heard the appellant must deliver to the appeal committee, and all respondents, one copy of a concise and succinct statement of the main points which he, she or it intends to argue on appeal, and provide a list of the authorities to be used in support of each point.

 

88.The respondents in an appeal, must deliver a statement similar to the one contemplated in regulation 88 to the appeal committee and the appellant five (5) days prior to the date of the hearing.

 

89. If an appeal has been properly noted, the decision appealed against and any execution thereof shall be suspended pending the outcome of the appeal, unless the appeal committee, upon the urgent motion of the council or the registrar, is, on the strength of prima facie proof, of the opinion that it is in the public interest that a temporary suspension order should be granted and imposed pending the outcome of the appeal.

 

90.The appeal committee may dismiss an appeal or, if it is of the opinion that the council, or a committee of council or the registrar, has not acted in accordance with the provisions of the Act, or that the decision constitutes an unjustified and unreasonable breach of the appellant’s fundamental rights in terms of Chapter 2 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1998), it may make an order reversing, or modifying the decision appealed against and uplift the temporary suspension if applicable, or it may remit the matter to the decision making body or officer for further consideration, or make such other order, including an order as to costs, as it may deem appropriate.