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Uganda decisions
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Lutoti v Uganda (criminal Appeal 765/2014) [2020] UGCA 2171 (16 October 2020)
The Court of Appeal quashed convictions for pharmacy-related drug offences, holding that regulatory inaction in issuing a licence made the prosecution abusive and unfair.
Petnum Pharmacy Limited v National Drug Authority (MISCELLANEOUS CAUSE NO.56 OF 2018) [2018] UGHCCD 104 (31 October 2018)
The court found that the National Drug Authority Licensing Guidelines, 2017 and 2018 were made by the Secretariat and not by the Authority or Minister as required by the National Drug Policy and Authority Act. There was no evidence of proper delegation of the power to make such guidelines. The guidelines imposed distance requirements for pharmacy locations not provided for in the parent Act or regulations, making them ultra vires. Consequently, all decisions made by the respondent based on these guidelines, including the refusal to issue a certificate of suitability of premises to the applica…
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