Odyssey Magazine Issue 1, 2016 | Page 21

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 •  DIGIMAG