The Pharmaceutical Society of Namibia has lost its bid to nullify a decision made by the Pharmacy Council of Namibia over two years ago to register Dis-Chem Pharmacies as community pharmacies.
The local pharmaceuticals list Dis-Chem Namibia (Pty) Limited; Dis-Chem pharmacies limited; Dis-Chem Wernhill Pharmacy (Pty) Limited; Dis-Chem Swakopmund (Pty) Limited; Dis-Chem Walvis Bay Pharmacy (Pty) Limited; Platz AM Meer Pharmacy; Wernhill Pharmacy and Dunes Walvis Bay Pharmacy, as respondents, accusing them of having entered the local market under disguise.
President of the Pharmaceutical Society of Namibia Ulrich Ritter argues that the identity of Dis-Chem Namibia, Platz AM Meer pharmacy, Dunes Walvis Bay Pharmacy and Wernhill pharmacy “as the vehicles to be used by Dis-Chem pharmacies to penetrate the Namibian market” was only disclosed to them on 19 December 2019 – five years after the first Dis-Chem pharmacy was registered.
He further claims in his founding affidavit that obtaining information from the pharmacy council through its registrar relating to any pharmacy registered was frustrating and deliberately suppressed.
He argues that the registrations of the four Dis-Chem pharmacies are marred by “fatal defects”.
“Although the registrations took place on 8 May 2014, 18 November 2016, 22 October 2019 and 22 October 2019, the lapse of time thereafter is irrelevant in light of the fact that the applicant only reasonably became aware of the true facts in November 2021,” he said.
The High Court, in its ruling, dismissed the case with costs.
