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GRTU felt compelled to act and intervene in the
case instituted by Chemimart against the Superintendent of Public
Health. Whilst GRTU understands, Mr. Fava's position, it cannot
understand however, his insistence in trampling on the rights at
law of his fellow pharmacy owners in Valletta, as well as his
companions in other organisations, by asking for a relocation,
even temporary of his pharmacy to Republic street. Chemimart knew
that such a relocation is illegal and ultra vires.
GRTU reacted in support of the other four
pharmacies because what Chemimart was asking the courts to is to
break the law and the recently agreed to Pharmacy Licence
Regulations. In this case, Chemimart opted to shoot first without
trying to resolve the issue amicably. It can be revealed that GRTU
had been trying to find a solution acceptable to all before
Chemimart jumped the gun and went to court. But no solutions can
be found where the law will be bent or broken, or when GRTU's very
principles would have suffered. The law is clear. It states that a
Pharmacy may relocate its premises up to 50 metres away from its
present location. If that 50 metre rule is exceeded, then the
pharmacy cannot relocate to premises less than 300 metres form the
site of an existing pharmacy or premises on which there is an
application for a pharmacy. The law does not speak of temporary
relocations. Besides this, Chemimart knew all along that their
lease in Freedom Square had expired some time ago, and it was only
due to Government's good graces that it was given, along with the
other shop owners in Freedom Square, alternative premises and / or
compensation.
The case did go to court. GRTU was also there,
and now that the case has been concluded, GRTU has appealed, along
with others, from this very dangerous ruling. In effect, the
court, disregarding its own case law, firstly decreed that the
other four pharmacies that would have been adversely affected by
Chemimart's request do not have an interest in the case.
Surprisingly enough, we were astounded to learn that the Attorney
General's office actually opposed GRTU's lawyers request to be
party in this case. Secondly, we were even more astounded to hear
the testimony of the Superintendent of Public health, who decreed
that there was some fear that the GRTU would order some stoppage
of the POYC. GRTU makes it clear that it never threatened anyone
in this way, and as such this statement was gratuitous and
speculative. At this very moment in time, GRTU is actively
involved in working towards further rollout of the POYC scheme
with Government. This is in libe with GRTU's oft stated social
responsibility as a constituted body in partnership with
Government and the Chamber of Pharmacists.
The court actually granted Chemimart's
request for a temporary relocation on the basis of Article 72c of
the Medicines Act 2003, which is a punitive article dealing with
the Suspension or revocation of pharmacy licences. This
article has had the chewing gum treatment and has been twisted and
turned round by the courts in order to justify the granting of the
temporary relocation.
GRTU cannot but conclude that the
Superintendent of Public Health, aided by the AG's office, who is
also invested with the responsibilities of Licensing Authority by
virtue of the Medicines Act, failed to uphold the application of
the Laws and regulations on the licensing of pharmacies thrice. He
should have not entertained the idea of a relocation and just
issued a peremptory refusal. Secondly, he should have put up a
vigorous defence of the law, and not surprisingly oppose the entry
of parties who have rights according to the same law he was
supposed to uphold. Thirdly and here is his greatest failing, he
should have appealed as GRTU, the four Pharmacy owners and the
Kamra tal-Ispizjara did, from the court's ruling.
This is his duty as repository and guardian of
the law, and he has failed miserably in that duty. The
repercussions of this dereliction of duty are profound, because
without realising it, the Superintendent of Public health has
opened a Pandora's box by emasculating not just his Authority, but
the Authority of every Licencing body in the land. Henceforth, the
Courts have been given leave to break the very same laws they are
bound to safeguard by giving them interpretations they were never
meant to have.
It is truly, a sad day for Malta when one
individual, in tis case Chemimart, for purely commercial and
speculative reasons, suborns the whole process of the law like
this. It is even sadder when the Courts sanction it.
It is even sadder to note that the Chamber Of
Commerce supported this filibustering of the law, to the detriment
of two of its members who have been affected by this ruling, one
of who sits on the same Chamber council as Mr. Fava. Is there no
shame anymore?
But the really sad thing is that Chemimart did
not have the, for want of a better word, the "irgulija",
to ask their peers and colleagues,pharmacy owners all for their
help and understanding. Mr. Fava of Chemimart has long tried
to represent the interests of pharmacy owners by rivalling the
excellent work done by GRTU and the Chamber of Pharmacsts. Now we
have the proof of this particular pudding. Mr. Fava has tried to
deal a blow to all that pharmacy owners have fought for and
aspired to in defence of their livelihood.
This ruling does not affect just the Valletta
Pharmacies, but all the Pharmacies in Malta and Gozo. GRTU has
sworn to defend their rights, and that's why on Monday the 19th
it will be again in court defending their rights.
In a nutshell...unbelievable. But true. What a
sorry state this country has sunk to.
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