Hertzog said it was specifically aimed at patent medicines,
meaning pharmaceutical compounds and concoctions.
HPA Position
To apply that law to the CAMs and TAMs health sectors is
The Health Products Association of South Africa has
therefore legally untenable, we are told by our lawyers,
issued a statement on the signing of Bill 6 into law in
and we will contest it for that reason alone.
which it too says the current situation is unclear and
'We will challenge this new law the minute someone
that, depending on how the issue of CAMs is dealt with by
is charged under it for any aspect of the CAMs or TAMs
SAHPRA (which will be jointly funded by government and
elements it covers or aims to cover. We have told the
the private sector) it may or may not spell the demise
Medicines Control Council that if they act against any of
of small complementary products manufacturers and
our members – or even any other party associated with
suppliers in favour of large pharmaceutical players.
our sector – or against any CAMs or TAMs, as treatments
HPA President, Norman Fels, says in the statement
alternatives, we will litigate on Constitutional grounds
that there is 'no need to panic at this stage', though many
in that this will be discriminatory and/or constitute an
in the CAMs industry are indeed already deeply panicked.
arbitrary regulatory infringement.
'This Act empowers the formation of the new
'We have challenged the DoH to say what exactly
South African Health Products Regulatory Authority
this law will control and whether it is meant only for
(SAHPRA),' he explains. 'The future of Complementary
pharmaceuticals, or if, as originally intended by the DoH,
and Alternative Medicines (CAMs) ultimately depends on
it will also cover CAMs and possible also TAMs. That was in
the new regulations, which have not yet been published.'
a letter to the Director-General written a year ago, and we
SAHPRA is to replace the Medicines Control Council
are still awaiting a response. It is quite possible that the
(MCC). According to Health Minister Aaron Motsoaledi, it
officials involved realise that they are caught in a bind in
will be 'an independent organ of state', funded by both
that any answer they give will result in a legal challenge
the state and the private sector. The target date set by
likely to succeed.'
the Department of Health (DoH) for establishing SAHPRA is
ODYSSEY 21
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DIGIMAG