[Para. (c) added by s. 8 (b) of Act No. 59 of 2002.]
(3) (a) The transparent pricing system contemplated in subsection (2) (a) shall include a single exit
price which shall be published as prescribed, and such price shall be the only price at which
manufacturers shall sell medicines and Scheduled substances to any person other than the State.
(b) No pharmacist or person licensed in terms of section 22C (1) (a) or a wholesaler or distributor shall
sell a medicine at a price higher than the price contemplated in paragraph (a).
[Para. (b) substituted by s. 8 (c) of Act No. 59 of 2002.]
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(c) Paragraph (b) shall not be construed as preventing a pharmacist or person licensed in terms of this
Act to charge a dispensing fee as contemplated in subsection (2) (b).
(4) To the members of the pricing committee who are not in the full-time employment of the State may
be paid such remuneration and allowances as the Minister, with the concurrence of the Minister of
Finance, may determine.
[S. 22G inserted by s. 14 of Act No. 90 of 1997.]
22H. Purchase and sale of medicines by wholesalers.—(1) (a) No wholesaler shall purchase
medicines from any source other than from the original manufacturer or from the primary importer of the
finished product.
(b) A wholesaler shall sell medicines only into the retail sector.
(2) Subsection (1) shall not be construed as preventing the return of medicines for credit purposes only,
to the manufacturer or wholesaler from which that medicine was initially obtained.
(3) Any wholesaler may in the prescribed manner and on the prescribed conditions be exempted by the
Director-General from the provisions of subsection (1).
[S. 22H inserted by s. 14 of Act No. 90 of 1997.]
23. Disposal of undesirable medicines.—(1) If the council is of the opinion that it is not in the public
interest that any medicine shall be made available to the public, it may—
(a)
by notice in writing transmitted by registered post to any person direct that person; or
(b)
by notice in the Gazette direct any person,
to return any quantity of such medicine which he has in his possession to the manufacturer thereof or (in
the case of any imported medicine) to the importer concerned or to deliver or send it to any other person
designated by the council.
[Sub-s. (1) amended by s. 22 of Act No. 65 of 1974 (English only).]
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(2) The council may by notice in writing direct any manufacturer or importer of any such medicine who
has in his possession any quantity thereof (including any quantity returned, delivered or sent to him in
pursuance of a direction under subsection (1)), or any other person to whom any quantity of such
medicine has been so returned, delivered or sent, to deal with or dispose of that quantity in such manner
as the council may determine.
[Sub-s. (2) amended by s. 22 of Act No. 65 of 1974 (English only).]
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(3) No person shall sell any medicine which is the subject of a notice under subsection (1) which has
not been set aside on appeal.
[Sub-s. (3) amended by s. 22 of Act No. 65 of 1974 (English only).]
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24. Appeal against decision of council or Director-General.—(1) Any person aggrieved by a
decision of the council may, within the prescribed period, in the prescribed manner and upon payment of
the prescribed fee, appeal against such decision to an appeal committee appointed by the Minister for
the purposes of the appeal concerned.
[Sub-s. (1) substituted by s. 9 (b) of Act No. 59 of 2002.]
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(2) An appeal committee contemplated in subsection (1) shall consist of no fewer than three persons:
Provided that—
(a)
the chairperson shall be appointed on account of his or her knowledge of the law;
[Para. (a) substituted by s. 9 (c) of Act No. 59 of 2002.]
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(b)
the skills of the other two members shall be relevant to the case concerned;
(c)
no member shall have a direct or indirect interest in the affairs of the appellant or
respondent.
(3) The appeal committee may after hearing the appeal—
(a)
confirm, set aside or vary the relevant decision of the council; and
(b)
direct the council to execute the decision of the appeal committee.
[Sub-s. (3) substituted by s. 9 (d) of Act No. 59 of 2002.]
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(4) The decision of the appeal committee shall be in writing and a copy thereof shall be furnished to the
appellant as well as to the council.