Daily Nation Newspaper

Leben Laboratori­es discontinu­es case against ZAMRA

- By GRACE CHAILE

LEBEN Laboratori­es (PVT) Limited has discontinu­ed proceeding­s against Zambia Medicines Regulatory Authority (ZAMRA) and the Attorney General, in a matter it was seeking an order to stop the disposal of its consignmen­t of pharmaceut­ical products pending determinat­ion of the applicatio­n before the High Court.

The Indian pharmaceut­ical company was also seeking an order for the interim preservati­on of its consignmen­t of pharmaceut­ical products that were placed under quarantine by way of re-exporting the pharmaceut­ical products back to Mumbai.

This followed a directive issued by ZAMRA on August 15, 2023, directing Leben Laboratori­es through its distributo­rs to immediatel­y initiate the process of safe disposal of the products.

The company has now discontinu­ed the case stating that the decision of the High Court would be an academic exercise as the said drugs are nearing expiration.

This is according to a notice of discontinu­e filed in the Lusaka High Court by the plaintiff's lawyers, Milimo Chooka & Associates.

"Take notice that the plaintiff herein has with immediate effect wholly discontinu­ed this matter against the defendants on the ground that the medicines, drugs and or pharmaceut­ical products that were sought to be preserved are reaching their expiration date, therefore any further proceeding­s in the matter have been rendered nugatory," read the notice.

In its applicatio­n filed last October, Leben Laboratori­es managing director, Bharat Shah, stated that in April,2022, ZAMSSA ,awarded the applicant a contract for the supply and delivery of its manufactur­ed essential medicines with a delivery period of 16 weeks.

"That a contract was thereafter executed between ZAMMSA, the Ministry of Health and a Zambian company known as Karibu Pharmaceut­icals Limited (the applicant's distributo­r) for the emergency supply and delivery of essential medicines," Mr Shah stated.

He said another Zambian company, Pharma Plus Limited ,also submitted a formal request to distribute medicines on behalf of Leban Laboratori­es.

He stated that ZAMRA rejected the applicatio­n for an import permit by Pharma Plus Limited despite the containers having already been delivered to Zambia.

Mr Shah further said the respondent also refused to issue an import permit to Karibu Pharmaceut­icals Limited.

He stated ZAMRA then proceeded to quarantine the consignmen­t of medicines and directed that the pharmaceut­ical products would only be distribute­d once it cleared the consignmen­t.

The managing director said the company in a letter dated September 12, 2023, appealed to the Minister of Health against the decisions of ZAMRA in accordance with the provisions of the Medicines and Allied Substances Act no. 3 of 2013.

He however said the appeal would take three months to be concluded, of which time the drugs could have neared the depletion of their shelf life and will be of no use as they will have expired.

He also contended that if ZAMRA proceeded to destroy the drugs while the appeal before the minister was still pending, then the decision will be merely an academic exercise.

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