n Tydskrif vir die Suid-Afrikaanse Reg - The right to choose and practise a trade, occupation or profession - the momentous and meaningless second sentence of section 22 of the constitution : regspraak

Volume 2005, Issue 4
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



This case involves the constitutionality of a scheme for dispensing medicine which the government introduced in terms of the Medicines and Related Substances Act 101 of 1965 and regulations 18 to 21 of the regulations made under the act (GN R510 of 10 April 2003 25052). The scheme provides that health care providers may dispense medicines only if they were granted a license by the director-general of health and on the conditions prescribed by the director-general. One of the requirements in the regulations is that a license to dispense medicine must be linked to premises approved by the state (par 47).

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