Chemimart wins battle for licence for Republic Street outlet
A court today ordered the Superintendent of Public Health to issue a licence for Chemimart Ltd to operate a pharmacy at 21 Republic Street, Valletta.
In a strongly-worded judgement, Mr Justice Lino Farrugia Sacco lambasted the Superintendent for not conforming with the law and with the court’s previous orders.
The court noted that it had been argued that the granting or otherwise of a licence was not a right but a concession by whoever was empowered to grant or refuse such a grant.
It said it did not like reading such words.
"The citizen has his rights and should not need to thank anyone for any concession. Once anyone had a right to a permit, that permit should be issued, and if he does not have a right, it should should not, but in all cases the issue is a matter of rights not favours," Mr Justice Farrugia Sacco said.
The court noted that it had given the said Superintendent of Public Health one year in order to conform with the law but to no avail.
The court said it could not accept such transgressions of the people's rights. Such action on the part of the Superintendent of Public Health was arbitrary and in open contempt of the laws and orders of the Court.
The Court said that it was there to protect the people's rights without fear or favour. It was for this reason that a Judge’s Constitutional position was safeguarded and this, not as a favour to the Judge but a protection for the people ’s rights.
Chemimart is currently already operating from 21 Republic Street, but it is doing so only on the strength of a temprary permit, given when its pharmacy in Freedom Square was demolished to make way for the City Gate project.
Reginald fava on behalf of Chemimart had been applying for the issue of a licence to operate from 21 Republic Street, Valletta since 1990 and had taken action against the Health Authorities in 2007.
The Court said it had been amply proved that Chemimart Limited had the necessary requisites to be granted a licence for the operation of a pharmacy from 21 Republic Street, Valletta and the denial of a licence was abusive and illegal.
The superintendent was ordered to issue the licence within two months.
Last week, The Times reported how the owner of a nearby Valletta pharmacy had filed a judicial letter against the health authorities accusing them of failing to take action against Chemimart for operating for more than a year without a valid licence.
Collis Williams Limited claimed that Chemimart Limited, which moved to Republic Street in 2010 when City Gate was being demolished, was only given a temporary licence to operate there.
The temporary licence expired at the end of that year, it said.
Eighteen months have passed since the move and the pharmacy remained in Republic Street in breach of the law, it added.
The letter was filed against the Medicines Authority, the Licensing Authority’s director general, the minister responsible for fair competition and the Health Minister.
19 Comments
Post comment
Please sign in or create your Account to post comments.
Anthony Galea
Jul 11th 2012, 12:08
Nikkwota mis-sentenza tal-Qorti tal-Appell Inferjuri - ONOR. RAYMOND C. PACE fil-kaz tat Trade Fair Grounds
“Illi fl-opinjoni ta’ din il-Qorti dan il-mod kif sentenzi ta’ dawn il-Qrati fuq il-kaz medissimu u bejn l-istess partijiet jigu injorati mill-Awtoritajiet koncernati, nkluzi dawk parti mill-process gudizzjarju, huwa precident perikoluz jinghad li bla tlaqliq jimmina l-Awtorita’ tal-Qorti u wkoll tar-Rule of Law u certament l-ebda Qorti ma hija ser tippermetti li dan isir ghaliex altrimenti kull kuncett ta’ demokrazija kif ghandha tiftihem jispicca ghall kollox u c-cittadin jigi imholli ghal riehu ghaliex ir-rikors tieghu lejn il-Qorti bhala salvagwardja tad-drittijiet tieghu, dawk fundamwentali u dawk ordinarji, jispicca ghall kollox (“Dr. Graham Busuttil vs L-Awtorita’ ta’ Malta dwar l-Ambjent u l-Ippjanar”
“Illi b’hekk l-appell odjern qed jigi michud ghaliex huwa nfondat fil-fatt u fid-dritt.”
Mr Christopher Xuereb
Jul 11th 2012, 03:10
Hear, hear
Wilfred Galea
Jul 10th 2012, 19:21
"The citizen has his rights and should not need to thank anyone for any concession. Once anyone had a right to a permit, that permit should be issued, and if he does not have a right, it should should not, but in all cases the issue is a matter of rights not favours," -
Wise words. Let us ALL keep this in mind ALWAYS
Lawrence Fenech
Jul 10th 2012, 18:48
Congrats Mr. Fava justice has been done a year late but done.
Gillian Snook
Jul 10th 2012, 16:31
Until now I have been shopping at Collis Williams, but after their comments I am not sure whether I will again.
Everyone knew that Chemimart lost their premises at City Gate and should have been allowed to extend their temporary licence indefinitely.
Finally a fair conclusion.
Victor Pulis
Jul 10th 2012, 16:23
Good thing the superintendent wasn't fined otherwise we, the tax payers would have ended up paying it!What happens now besides the 'strongly worded judgement?!'
Maria Vassallo
Jul 10th 2012, 15:47
In the light of this sentence, the SuperIntendentfor Public Health should resign immediately.
john muscat
Jul 10th 2012, 16:14
And also the ministers concerned should resign, Dear Maria.
N Mifsud
Jul 10th 2012, 15:16
"denial of a licence was abusive and illegal"
therefore one would have expected Mr Justice Lino Farrugia Sacco to take legal action against the Superintendent of Public Health, no?
Ms.D. Galea
Jul 10th 2012, 15:13
Well done Mr Fava .,
Joseph Cauchi Senior
Jul 10th 2012, 13:46
When are we going to stop all these cartels?
Why should the granting of a pharmacy licence be different from other type of businesses?
There should never be special favours and treatments for any kind of business permits.
Why should I be controlled if I wanted to open and operate a pharmacy but for other types of businesses I am not?
I thought that we are living in a FREE MARKET; or are we?
JC.
M Cachia
Jul 10th 2012, 16:07
Well to operate a pharmacy you need a pharmacy degree - I hope you appreciate that. As for liberilising the licenses I agree and disagree. You cannot treat healthcare the same as a grocer and do not want to expose it to too much market pressure, but on the other hand it is unfair that many pharmacists (or otherwise) are barred from entering the market independantly.
John Zammit
Jul 10th 2012, 13:20
Are we a country were the free market is in force ?
Franco Abela
Jul 10th 2012, 12:57
SO WHAT REPURCUSSIONS WILL THE Superintendent of Public Health SUFFER? HE/SHE CLEARLY ACTED ILLEGALY!
Frank Portelli 2BFRANK
Jul 10th 2012, 12:50
The court found that
‘’Such action on the part of the Superintendent of Public Health was arbitrary and in open contempt of the laws and orders of the Court’’.
How can a Civil Servant justify not obeying a Court Order ?
Dr Frank Portelli
Patrick Zammit
Jul 10th 2012, 12:42
Now, if we really believe in the competition and the rules of the market, the next step would be to remove the obstacles that prevent new pharmacies from opining.
Pharmacies are not charities and they should be treated just like any other shopping outlet.
Jay Oatmon
Jul 10th 2012, 12:22
The obvious actions to be taken are: -
1. Replace the Superintendent of Public Health - who does this?
2. The police Charge the Superintendent of Public Health - with corruption (abuse of office).
3. We wait 10 years for the case to come before a magistrate.
B Ellul
Jul 10th 2012, 12:36
Prosit.
4. You Take a holiday and stop posting 'bla bla bla'
ANTHONY PAVIA
Jul 10th 2012, 17:21
B. Ellul, Would you be so kind as to elaborate intelligently on your "bla, bla, bla" statement?
Please choose the reason of your report below: