VN August 2020

Vetnuus | Augustus 2020 20 Customised veterinary medicines to effectively address your patient’s requirements Service Centre: 0860 109 779 or pharmacist@v-tech.co.za ISO 9001:2015 Accredited SAVA News I SAVV Nuus SAVA News In December 2011, the Medicines and Related Substances Amendment Bill (“Bill”) was introduced into the National Assembly and later published for public comment. The effect of this amendment was that, along with other professionals, listed in Section 16 of the Amendment Act of 2015, veterinarians now also required a licence issued by the Director-General of Health on prescribed conditions, to compound and dispense medicines. SAVA had no option but to bring an application in the Constitutional Court in 2017 acting in the interests of veterinarians and the public at large regarding the amendment of the Medicines and Controlled Substances Act. In a unanimous judgment by all eleven judges, written by Goliath AJ, the Constitutional Court held that both the National Assembly and the National Council of Provinces failed to facilitate meaningful public involvement around the insertion of the word “veterinarian” into the Medicines and Related Substances Act. The insertion of the word constituted a material amendment to the Act, as it brought an entire profession, which had previously been regulated by the Veterinary Professions Act, under the scope and control of the Medicines and Related Substances Act. SAVA was therefore successful in respect of all the issues raised in its application to the Constitutional Court. The judgment and order granted by the Constitutional Court is a victory for the entire veterinary profession. SAVA and its members have always maintained that in view of the unique nature of the veterinary profession, and the training of veterinarians, there is no reason why veterinarians have to be licensed to compound and dispense medicines. The Constitutional Court also ordered the National Assembly and the National Council of Provinces to pay the costs of SAVA, including the costs of two counsel. In this respect, SAVA has been reimbursed roughly R530,000 of the R1.3m that was spent in bringing this critical case before the court. This amount was determined by the Court. The Board of SAVA has decided that the reimbursed funds will be ringfenced into a legal reserve for the use of future legal cases that have a direct impact on the profession. This reserve will be built up annually by transferring the difference between actual and budgeted legal expenses to this reserve. v