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    Medicines and Related Substances Act — Regulations relating to a Transparent Pricing System for Medicines and Scheduled Substances — validity — legality ultra vires — Leave to appeal — failure of court of first instance to make order within reasonable time — effect.

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    The section permits the minister to make regulations on the recommendation of a pricing committee established by the section. The regulations may, essentially, provide for a transparent pricing system for manufacturers of medicines and may prescribe a dispensing fee.

    The respondents in both applications are first, the Minister of Health and second, Prof D McIntyre, cited in the court below under uniform rule 53 in her capacity as chairperson of the pricing committee. At the appeal stage the Treatment Action Campaign joined the proceedings as amicus curiae. Due to the urgency of the matters, the court granted interim relief by agreement on 1 June. At the behest of the respondents early hearing dates were allocated, namely 17 and 18 June.

    The matters were heard by a full bench as a court of first instance. These notices did not raise any issues not covered by the two judgments. The applications were eventually heard on 20 September but instead of making an ex tempore order, as is the practice in matters of this kind, the court reserved judgment.

    Neither the registrar nor the judge president responded. The applicants thereafter decided to file the present applications with this court. They intended as a gesture of courtesy to meet with the judge president to inform him in advance but he was unable — for unknown reasons — to meet them.

    On 11 November the present applications were filed. He enquired of them whether, in the light of the applications, he was expected to stop the process and dispense with the need to finalise the judgment. No one responded and he then said that he would continue to finalise the judgment. Once again, no indication of when judgment was to be delivered was given and no explanation for the delay provided. If there were compelling reasons for the delay, one would have expected some explanation.

    At the request of the respondents the meeting took place on 17 November, two days later than intended, and the ruling was issued early the next morning after consultation with the head of court and the members of the panel to whom the applications were allocated. The ruling was in the customary form: In the event it was. Why it took three weeks to type or check a second draft of a judgment that ultimately ran to thirteen well-spaced typed pages we have not been told. As this court once said: By such conduct the administration of justice is hampered, and may be seriously hampered, by an arbiter of justice himself, whose responsibility it is to render it effective and not add judicial remissness to its already irksome delays.

    The respondents raised a further procedural issue, namely whether the first two issues should be separated from the third, insisting that this court should deal with the application piecemeal, and not as a whole. URGENCY [10] In the court below as mentioned the case was dealt with by agreement between the parties and by the court as one of urgency until judgment on 27 August. Nothing has since changed except that the respondents were successful.

    The only point made by the respondents of any consequence is that the matter is no longer urgent; had it been urgent, the applicants would have applied for leave to appeal to the Constitutional Court; instead they applied for leave to this court.

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    The choice of forum was that of the applicants alone. If properly engaged, this court has a constitutional duty to deal with a matter and deal with it expeditiously.

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    This court does not have the power to divert cases to the Constitutional Court. In any event, and this the applicants allege is their dilemma, the Constitutional Court is entitled to refuse to hear appeals directly and may require that they first be heard by this court.

    Therefore, they say, it was prudent for them to take the present route. They prepared lengthy answering affidavits by 31 May amplified by 9 Junetaking into account the applications were only served on 24 and 27 May, and were in court on 1 June for the preliminary hearing. And they were ready to argue on 17 June, three ordinary days after the replying and eight ordinary days after the answering affidavits had been filed.

    They were also in a position to file heads of argument, so full that the court below was able to dispose of argument by four sets of counsel within a day and a half, despite the fact that the combined record ran to about pages. The questions did not elicit a response. When asked whether the respondents could provide a date convenient to them for argument on the merits, the question failed to extract a reaction.

    When asked whether they needed an adjournment to consider a request for a postponement, yet again, counsel did not reply and simply proceeded to argue another point. They had a right, they said, to a separate hearing. And they wished to exercise that right in order that, if we dismiss their argument, they could appeal.

    That is why they decided in advance not to instruct counsel, why they refused — in spite of a request on 17 November — to provide copies of the heads of argument used in the court below to assist us in preparing for the hearing, and why they were generally obstructive in relation to each suggestion relating to an expedited hearing.

    Because of uncertainty and confusion created and the frustration of what was intended, namely access to health care, it is imperative that the litigation should be brought to an early conclusion.

    An exception may be made, however, where unusual circumstances call for such procedure. The basis of the jurisdiction is convenience — the convenience not only of the parties but also of the Court. The advantages and disadvantages likely to follow upon the granting of an order must be weighed.

    If overall, and with due regard to the divergent interests and considerations of convenience affecting the parties, it appears that the advantages would outweigh the disadvantages, the Court would normally grant the application. They submitted that the separation of jurisdiction from other issues is the normal procedure of this court. Sometimes the issue is dealt with separately but that usually depends on the nature of the application. For instance, in American Natural Soda the application was for an order declaring, inter alia, that the applicants were entitled to note an appeal while in Chevron the applicant not only asked for leave to appeal but also for directions in regard to the further prosecution and conduct of the appeal.

    That reason is insufficient and does not fulfil the requirements laid down in S v Malinde. In addition, there are the considerations alluded to in para 14 above, which militate against a separation. The respondents submit not. The basis of their submission is that this court does not have any jurisdiction in the absence of a ruling by the lower court. In Moch the facts were these: The applicant in that matter argued that this court could bypass the prohibition by the exercise of its inherent jurisdiction.

    It was in answer to that submission that this court said that the inherent power to regulate its process does not extend to the assumption of jurisdiction not conferred upon it by statute.

    In S v Basson [16] the issue was similar. The question was whether the Criminal Procedure Act 51 of gave the state a right to appeal the discharge of an accused on the merits. If the Constitution or a statute does not provide for such a right that is the end of the matter and this court cannot assume the power.

    Neither case was concerned with the instance where there is a right of appeal subject to procedural preconditions. This court has jurisdiction to hear appeals against judgments or orders in any civil proceeding.

    Supreme Court of Appeal]. The right is not absolute since leave to appeal is required. Leave is a condition for exercising the right or, put differently, it is a jurisdictional fact for an appeal. The court whose judgment is sought to be appealed must first be approached for leave. If it is refused, the party wishing to appeal has a right to petition this court for leave. The proper procedure, as imperatively laid down by section 20 4 bis for the would-be appellant to apply for leave first to the Court against whose judgment the appeal is to be made.

    If that Court grants leave, then this Court may entertain the appeal.

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    If that Court refuses leave, then but only then may this Court consider an application for leave to appeal. Thus section 20 4 b not only prescribes the proper procedure, but it also defines the jurisdiction of this Court to entertain an application for leave to appeal. The first is that the applicant for leave did not apply for leave from the court of first instance and thus failed to take the first step.

    The same is true of most, if not all, the cases where this court has said that an application to the court a quo and its subsequent order are jurisdictional facts.

    Third, the effect of the interim Constitution on the interpretation of the provision did not arise. There the appellant required leave to appeal. The court below did not grant or refuse leave, wrongly believing that it was unnecessary to make a ruling. At the hearing the appellant argued that leave was not required but this court disagreed. It then granted leave nunc pro tunc, as though proper application had been made timeously, but warned that such procedure should not generally be adopted.

    Although this court had no jurisdiction to hear the matter, it did not strike the appeal from the roll as being a nullity; instead it allowed the case to stand down to enable the appellant to obtain the necessary leave. It did not hear argument on the merits and postpone the judgment pending the grant of leave because the court of first instance was the final arbiter of whether leave should be granted or not.

    The hearing continued eleven days later, leave having been obtained in the interim from the court of first instance. The same provision applied and the appellant failed to apply for leave to appeal from the court of first instance.

    This court noted that it had no jurisdiction to dispose of the case but nevertheless heard argument on the merits and let the case stand over. It said at B-C: If that Court grants such leave and the order granting leave is lodged with the Registrar of this Court, we, having heard argument on the merits, will be in a position to deliver a judgment on the merits and to make an appropriate order as to costs.

    If the Court a quo refuses leave to appeal and the order refusing such leave is lodged with the Registrar of this Court, this matter will, without any further order of this Court, be deemed to have been struck off the roll with costs. The appeal was later upheld without further argument. Under the applicable statute the appellant, in order to appeal, had to give a prescribed notice referred to as a s 61 notice to the other party of its intention to appeal and had to obtain the leave of the court of first instance.

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    In issue was the question whether or not the notice could precede the grant of leave. Broome JP, speaking on behalf of a full bench, said at C-F: These must be taken before his appeal can be heard, but the order in which they are taken does not appear to me to be of any importance, provided that each is taken within the time, if any, specifically prescribed therefor.

    When a person desires to institute action in any Court he will invariably find that the law prescribes an initial step which he must take to set his litigation on foot. Usually it is a summons. Similarly a litigant against whom judgment has been given who desires to appeal will find that an initial step is laid down which he must take to set his appeal on foot. Normally this step is the notice of appeal.

    In the present case it is the notice under sec. When that notice is given his appeal is on foot. It may be, as here, that he requires leave to appeal, but the obtaining of such leave is not the initial step which sets his appeal on foot and without which there is no appeal on foot at all.

    It is a step which he must take before his appeal can be entertained by the Court of Appeal.
    He now wants to pass on his creation. We had several hundred employees working for the airline; as this was the main base for Northern Operations. The Club's coffers were always in the black; all employees were automatically members Don McKenzie and his piece Brass Band provided great dance music My daughters Joanne 15 and Kathy 13 were the "coat-check" girls one year at the Christmas Party Circathe Social Club came up with the idea of: Our Chief Executive at that time was: He gave us the use of a PWA plane for the day.

    The event was well promoted; but we only sold 35 seats. Some hiked; others biked; others went horse-back riding Dean and Mel put on a "high-board" diving display at the pool We departed from the Jasper Airport at sunset We flew over the Columbia Icefields The flight deck door remained opened and all got to go "up-front" to witness the marvels of Aviation. A memorable day and a memorable flight!! Vanderhill October 15, Herc on a sand runway from N.

    Terry made contact with the Webmaster regarding one of our senior flight crew members: For those old timers. Jean is battling cancer.

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    He has lost use of his voice for the main part, but can whisper. I know he would appreciate a note. Jean Robert is now He lost his eye on loan to ASA in Africa. Flew round engines L B at Interior AIA. Lema advised he knew Jean Robert c He flew the C46 and the DC August 28, - B Cargo Ops.

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    August 16, Speedbird: Definitely a good time by all. If your player does not work, try this link. July 16, - Looking for recollections on Thomas Peter Hayes - flight crew 's.

    1985 - South African Airways


    From the Desk of Ann Patching - Australia. She is the daughter of a pilot Thomas Peter Hayes from the era of the company and wishes to know more about his life in Canada. He would ferry the loggers from the camps for their breaks and also carried the payroll for the logging company. He was an Australian citizen and passed away just over a year ago now. I am trying to trace his time in the US and Canada as I am coming to scatter his ashes in Canada, a place which he had wonderful memories of.

    I have made numerous enquiries to different Government Departments in both Canada and the USA but it can take months and months for any information to arrive, and as yet I have no firm information to start working from. I am not sure if he lived in Vancouver or Seattle.

    I do have a copy of his passport and photographs which have him pictured with other twin prop Beechcraft A18A Seaplanes which were owned by Pacific Western. Ultimately I would like to know who he worked for, where his work took him and where he lived, places I would like to see whilst I am there.

    When I saw your site I thought that just maybe you might know how I could further investigate this lead. I do remember that he told us that he had a women give birth on one of the trips he piloted which I thought maybe someone of that vintage may have remembered.

    I will attach some photos and if there is anything you may be able to do or send me in the direction of someone who may be able to help I would be so grateful. I have heard nothing back as yet but only reached out a day or so ago, so will hopefully hear back from them this week.

    Below are some photos that may or may not be of any assistance. Anything you may be able to do to point me in the right direction or help in any way, would be so graciously appreciated.

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    I will forward these 2 items when they arrive Kindest regards.

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