THE Lusaka Magistrates Court has dismissed a case in which two Lusaka business persons were charged with manufacturing medicines namely Topvein without a pharmaceutical licence.
Mendez Fernandez and Pauline Kamanga were acquitted after it was established that the five charges against them were bad in law and prejudicial to their interests.
The duo were charged with five counts of manufacturing medicines without a pharmaceutical licence.
In his ruling Magistrate Humphrey Chitalu said he relied on defence counsel’s application on behalf of the accused to have the charges against Fernandez and Kamanga dismissed on the grounds that they were irregular, defective, misconceived and an abuse of the legal process.
Magistrate Chitalu said he had considered the counsel’s application that statements of the offences in the said five counts were irregular because Topvein could not be considered as medicine as it was not on the list of medicines. He added that Topvein was not medicine for purposes of the Medicines and Allied Substances Act no. 3 and therefore fell outside the regulatory ambit of the Zambia Medicines Regulatory Authority.
Mr Chitalu said Topvein could only be called medicine if it was in the discretion of the authority of which the same had to be declared as such and falls within the categories specified under Section 40 and must be prescribed by Statutory Instrument. He said the charges against the accused were in bad law and prejudicial to their interests and he accordingly dismissed all the counts on the grounds that they were void.
In count one the accused stood charged with the offence of manufacture of medicines without a pharmaceuticals licence.
It was alleged that the duo on unknown dates but in October 1, 2013 and May 13, 2014 jointly and while acting together with others unknown unlawfully manufactured Topvein.
In counts two and three, Fernandez and Kamanga were facing a charge of marketing medicine without authorization.
It was alleged that the duo on October 1, 2013 and June 4, 2015 jointly with others unknown unlawfully marketed and advertised Topvein on the internet website without an authorization from the Zambia Medicines Regulatory Authority.
In count four and five Kamanga was facing a charge of supplying and selling medicines in unauthorized place without market authorization.
It is alleged that Kamanga on May 15 last year unlawfully supplied two bottles of Topvein to Makomani Siyanga without an authorization from the Zambia Medicines Regulatory Authority.