Legal updates and opinions
News / News
An extension of the validity of prescriptions in terms of an amendment to the Medicines and Related Substances Act No. 101 of 1965
by Neil Kirby, Director and Head of the Healthcare & Life Sciences practice and Zamathiyane Mthiyane, Senior Associate
On 30 April 2020 the Minister of Health published, in GNR481, a notice excluding Schedule 2, 3 and 4 Substances (“the Scheduled Substances”) from certain provisions of the Medicines and Related Substances Act No. 101 of 1965, as amended (“the Medicines Act”) (“the Notice”).
The effect of the Notice on the Scheduled Substances is as follows:
- prescriptions for the Scheduled Substances, which were previously valid only for three months, are now valid for six months. Thus, pharmacists must have the requisite Scheduled Substances to fulfil potential demand;
- consequently, patients do not need to consult with a healthcare practitioner, within the timeframes during which the prescriptions remain valid, for purposes of obtaining a new prescription. Consultations with healthcare practitioners for purposes of issuing new prescriptions are also held to enable the healthcare practitioner to, inter alia, determine whether or not patients are responding the Scheduled Substances prescribed and, if not, change the dosage of the Scheduled Substances or the Scheduled Substance in totality. No provision has been made for healthcare practitioners to perform the aforementioned duty in the Notice;
- however, the Scheduled Substances may not be dispensed for a period longer than twelve months from the date of the issue of the initial prescription;
- in instances where a prescription was issued six months before the date of Notice, repeat prescriptions may be issued for a period of only of a further six months;
- the Notice is silent on the payment of the Scheduled Substances by medical schemes in terms of the Medical Schemes Act No. 131 of 1998 and the respective medical schemes’ rules and managed care protocols, taking into account that currently repeat prescriptions for Schedule Substances are currently available on a three month basis; and
- the Notice applies only until November 2021 at which time the exemption provided in terms of the Notice lapses and the provisions of the Medicines Act, once again, apply. The Notice does not deal with practical issues such as how the aforementioned provision will practically work in the event that the extended period of the prescription has not expired as at November 2021 in so far as only half the prescription has been dispensed.
A copy of the Notice can be found here.
Latest News
Defamation in Labour Law – Manqele V Baloyi Masango Inc Attorneys and Others (896/2023) [2025] Zampmbhc 75 (12 August 2025)
by Bankey Sono, Director and Neo Sewela, Senior Associate It is not unusual for employers to appoint a law firm [...]
Voluntary liquidations: A cost effective and efficient method of conducting a corporate clean-up, and for ending the existence of dormant companies
by Brendan Olivier Quite understandably, the word 'liquidation' can send shivers down the spine, and cause a company director to [...]
Substance dependence in the workplace- misconduct or incapacity?
by Bradley Workman-Davies - Director, Nasheetah Smith - Senior Associate & Isabella Keeves - Candidate Attorney One of the challenges [...]
Cutting the baby in half – when equality meets reality: Paid maternity leave after Van Wyk v Minister of Employment and Labour
by Bradley Workman-Davies, Director and Kerry Fredericks, Director The Constitutional Court's recent judgment in Van Wyk and Others v Minister [...]
SME cashflow threats: when liquidation strikes a supplier or customer
by Brendan Olivier An SME that permits its customers and suppliers to trade with it on credit terms, does so [...]
Global developments in gambling, betting and e-sports regulation: Lessons for South Africa
by Tebogo Sibidla, Director Like many other sectors of the economy that rely on technology, online gambling, gaming and betting [...]
