THC Health Centre Pty Ltd t/a THC Pharmacy v South African Health Products Regulatory Authority and Others (2023/053299) [2024] ZAGPJHC 477 (20 May 2024)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2024 >> [2024] ZAGPJHC 477 | Noteup | LawCite sino index ## THC Health Centre Pty Ltd t/a THC Pharmacy v South African Health Products Regulatory Authority and Others (2023/053299) [2024] ZAGPJHC 477 (20 May 2024) THC Health Centre Pty Ltd t/a THC Pharmacy v South African Health Products Regulatory Authority and Others (2023/053299) [2024] ZAGPJHC 477 (20 May 2024) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2024_477.html sino date 20 May 2024 REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, JOHANNESBURG) CASE NO:  2023-053299 1. REPORTABLE: NO 2. OF INTEREST TO OTHER JUDGES: NO 3. REVISED YES 20 May 2024 In the matter between: THC THE HEALTH CENTRE (PTY) LTD t/a THC PHARMACY Applicant and THE SOUTH AFRICAN HEALTH PRODUCTS REGULATORY AUTHORITY 1 st Respondent THE MINISTER OF POLICE 2 nd Respondent DIRECTORATE FOR PRIORITY CRIME INVESTIGATION GAUTENG 3 rd Respondent CAPTAIN JOHANNES HENDRIK LAST OF THE GAUTENG SERIOUS ORGANISED CRIME INVESTIGATION UNIT, OF THE DIRECTORATE FOR PRIORITY CRIME INVESTIGATION 4 th Respondent SOUTH AFRICAN PHARMACY COUNCIL 5 th Respondent Heard:  7 July 2023 First Judgment:  3 April 2024 Second Judgment: 20 May 2024 JUDGMENT MOVSHOVICH AJ: 1. Pursuant to my judgment of 3 April 2024, the first respondent made submissions on 17 April 2024, as contemplated in paragraph 72.8 of that judgment. Those submissions reinforce the conclusions reached by me on the substantive issues in the judgment, and the legal basis for such conclusions. 2. None of the other parties made any submissions. 3. Nothing in the submissions, in my view, requires me to modify the order I made on 3 April 2024. In the circumstances, I thus make the following final order (which adopts the definitions used in my judgment of 3 April 2024): 3.1 the application is enrolled on the urgent roll and the applicant's non-compliance with the time periods and forms prescribed under the Rules is condoned; 3.2 the late delivery of the SAPS answering papers is condoned and any costs occasioned by such late delivery are costs in the cause of the application; 3.3 subject to what is set forth in 3.4 below, the second and third respondents are ordered to restore possession of the relevant articles to the applicant within 10 days of the date of this order; 3.4 the first and fifth respondents and the persons who conducted the inspection of the premises on their behalf on 22 May 2023 are afforded an opportunity to exercise their powers (including any seizure powers) in relation to some or all of the relevant articles within five days of the date of this order.  For those purposes, the relevant articles will, at all relevant times, be deemed to be in possession of the applicant and not in the possession of the SAPS.  The first and fifth respondents shall communicate their decisions in respect of the exercise of their powers in writing to the SAPS and the applicant within the aforesaid five day period, so as to afford the second and third respondents an opportunity to restore possession to such of the relevant articles as will not be seized by the first and/or fifth respondent within 10 days of the date of this order; 3.5 the second to fourth respondents shall bear the costs of the applicant in the application, including the costs of two counsel where so employed, save for any costs occasioned by the first respondent's opposition to the relief sought against it; 3.6 save as aforesaid, each party will bear its own costs in the application. Hand-down and date of judgment 4. This judgment is handed down electronically by circulation to the parties or their legal representatives by email and by uploading the judgment onto Caselines.  The date and time for hand down of the judgment are deemed to be 10:00 on 20 May 2024. VM MOVSHOVICH ACTING JUDGE OF THE HIGH COURT Applicant's Counsel:                                       E Kilian SC and C Cremen Applicant's Attorneys:                                     Symes Inc First Respondents' Counsel:                          JM Berger and EC Chabalala First Respondents' Attorneys:                        Maluleke Inc Second to Fourth Respondents' Counsel:     CR Minnaar Second to Fourth Respondents' Attorneys:   State Attorney Date of Hearing:                 7 July 2023 Date of First Judgment:      3 April 2024 Date of Final Judgment:     20 May 2024 sino noindex make_database footer start