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| Pharmaceutical Manufacturers Association of South Africa: In re Ex Parte President of the Republic of South Africa ： ウィキペディア英語版 |
Pharmaceutical Manufacturers Association of South Africa: In re Ex Parte President of the Republic of South Africa
''Pharmaceutical Manufacturers Association of SA and Another: In re ex parte President of the Republic of South Africa and Others'' is an important case in South African constitutional law. It deals with important issues about the role of the courts in controlling public power, and raises the question of whether or not a court has the power to review and set aside a decision by the President of South Africa to bring an Act of Parliament into force.
The Constitutional Court held that the purpose of section 172(2)(a) was to ensure that the Constitutional Court, as the highest court in constitutional matters, controls declarations of constitutional invalidity made against the highest organs of state. This purpose would be defeated, the court found, if the issue ''in casu'', concerning the legality of the President's conduct (a matter of considerable importance), were characterised as not falling within section 172(2)(a); that would be to remove it from the controlling power of the Constitutional Court. The section was, therefore, to be given a wide meaning as far as the President's conduct was concerned.
== Facts ==
The matter arose when the Transvaal High Court was requested to review and set aside the President’s decision to bring the South African Medicines and Medical Devices Regulatory Authority Act 1998 into operation on 30 April 1999. The purpose of the Act was to govern the registration and control of medicines for human and animal use, and to replace previous legislation dealing with these matters. The Act sought to control the flow of medicines on the market by classifying medicines into specific categories. In order to be effective, the Act required a comprehensive regulatory infrastructure, including the determination of schedules regulating the manufacture, sale and possession of substances controlled by the Act. The applicants (the President and others) alleged that, through an error made in good faith, the Act had been brought into operation before the necessary regulatory infrastructure had been put in place, and that, as a consequence, the entire regulatory structure had been rendered unworkable. The result would be highly damaging to the public in that control over dangerous medicines would be lost before the new schedules were in place.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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