Fedex not taking cognisance of decisions taken by the High Court and the SCA that SAPHRA does not have Jurisdiction over supplements

Sent to the followin people at fedex. Cherzal Subramone, Sithembiso Nkosi Paul Ceril Stuurman

I have been importing supplemts for many years and have never had any problems with the supplemnts being cleared into SA. Last month I was prescribed supplements that are not available in SA by an International Dr and described as "Life Supporting Supplements". I needed the supplemets delivered quickly and the Fedex option on IHERB indicated that it was faster than the option I ussualy take. The supplements are now stuck and in limbo because the Port Health has erroneously requested approval from SAHPRA for clearance of these supplements which do not fall under SAPHRA's Juridiction. Saphpra has jurisdiction over medicines but not supplements. I have brought this to Fedex attention several times and here is all the facts.

Att Cherzal Subramone, Sithembiso Nkosi Paul Ceril Stuurman

Thank you for following up and requesting an answer from SAPHRA. Much appreciated

I do not think there is going to be a reply due to the following which comes from the email from Lorato below and their reactions up to now.

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Complete applications for complementary medicines only may be sent via return email (***) in Adobe Acrobat (PDF) format. The application must include the following;

1. The application form duly completed by a practitioner registered and practising in the Republic of South Africa for the patient,

2. Proof of payment of the application fee of three hundred and fifty rand (R350.00)

3. Product(s) information showing the quantities of the products in the shipment as per invoice, label information with ingredients and their quantities in the product(s), claims, etc.

Incomplete applications may not be considered

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Herewith further information in regards to the status of customs retaining my products in regards to requiring SAHPRA consent.

Therefore my previous email asking for Fedex to requesting the release of the products is probably correct and you do not/should not have to wait for a reply from SAHPRA.

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https://theredlist.co.za/en/news/a-monumental-victory-for-anhp-in-the-south-african-high-court

The unanimous judgement of the five presiding judges of the SCA was to uphold the judgement of the High Court in favour of the ANHP, which meant the SCA unanimously agreed with the High Court case won previously, in October 2020, where it was determined that these substances are not medicines and therefore cannot be regulated as drugs.

Furthermore, both the High Court and the SCA unanimously agreed that SAHPRA has no legal jurisdiction to regulate substances that are not medicines or scheduled substances, and to that extent, the 2017 regulations are ********.

Only it turns out the Minister is not willing to apply to the Constitutional Court for leave to appeal.

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Therefor is seems SAPHRA does not having jurisdiction and and they are again overeaching as they have been before. It seems they are not approaching the Contitutional court to appael the decision of the HIghcourt and SCA and it seems they have deliberately not updated the the information on their website.

Could you please request the release directly from customs as SAPHRA has no jurisdiction in regards to supplements and/or escalate this case to senior management.

There is a long email trail to have got to this stage and ther has been no reply from the CMS21 team at SAPHRA at this stage.