The Pharmaceutical Society of Namibia has approached the Windhoek High Court seeking to nullify a decision made by the Pharmacy Council of Namibia more than two years ago to register Dis-Chem Pharmacies as community pharmacies.
The local pharmaceuticals, who lists 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, Dunes Walvis Bay Pharmacy as respondents, said they were not happy with the South African company’s decision to enter Namibia under disguise.
President of the Pharmaceutical Society Ulrich Ritter in court papers said the identity of Dischem 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.
Contacted for comment, the Chief Legal Officer at the Health Professions Council, Johanna Nghishekwa said their office will not express an opinion on the matter that is sub judice.
“The Pharmaceutical Society of Namibia filed a review application in the High Court during December 2020 seeking the nullification of the decision of the Council taken during July 2020 to refuse its request to deregister Dis-Chem Pty Ltd, Dunes Walvis Bay Pharmacy, Platz am Meer Pharmacy and Wernhill Pharmacy registered as community pharmacies between 2014 and 2019. The PSN is alleging that the pharmacies do not meet the requirements set out in the Pharmacy Act, 2004 and Regulations relating to the registration of community pharmacies, as far as ownership is concerned. The Council opposed the application,” she explained.
According to her, last year in April, the Pharmaceutical Society sought an amendment to its founding papers to be allowed to review the initial registrations of the pharmacies in question.
“The Pharmacy Council opposed the application for amendment and those are the proceedings before Court at the moment,” she added
