Pharmaceutical Society of Uganda v Attorney General
Pharmaceutical Society of Uganda v Attorney General (MISCELLANEOUS APPLICATION NO. 260 OF 2019) [2020] UGHCCD 85 (8 May 2020)
The court held that the inclusion of pharmacies and drug stores in the schedule for trade licensing fees under the Trade (Licensing)(Amendment of Schedule) Instrument S.I No. 2 of 2017 is ultra vires the Trade (Licensing) Act and the National Drug Policy and Authority Act. The National Drug Authority is the specific regulator for pharmaceutical businesses, and subjecting them to additional municipal trade licensing fees constitutes double collection, which is unfair, discriminatory, and arbitrary. The delegated legislation conflicts with the specific statutory regime governing pharmacies and…
Source excerpt
- Judicial Review
- Delegated Legislation
- Ultra Vires
- Statutory Interpretation
- Regulatory Authority Conflict