HONEYBEE Pharmacy Limited has insisted that the Lusaka High Court should grant it an injunction restraining the Zambia Medicines Regulatory Authority (ZAMRA) from revoking its Pharmaceutical License or publishing any information calculated at injuring its reputation.
The company has submitted that the court should place an injunction upon ZAMRA so that the court action against the authority can proceed and be determined on its merit.
In this matter, Honeybee Pharmacy Limited has sued ZAMRA seeking an order to forbid the authority from revoking its Pharmaceutical Licence.
Honeybee Pharmacy Limited, which is being represented by Tutwa S Ngulube & Company, is seeking an order of interim injunction to restrain ZAMRA by itself, servants, agents or whomsoever from revoking its Pharmaceutical License and publishing any information on social media and other platforms calculated at injuring its reputation.
It also wants an order that the matter be referred to arbitration as per the provisions of the contract governing the relationship between Honeybee Pharmaceuticals Limited and the procuring entity, costs and any other reliefs the court may deem fit.
According to a further affidavit in support of summons for an order of interim injunction filed recently, Honeybee Pharmacy Limited managing director Zakir Hussein noted that ZAMRA was claiming to have not issued Honeybee Pharmacy Limited with a license.
He argued that Honeybee Pharmacy Limited had been conducting transactions based on the Pharmaceutical License ZAMRA purportedly revoked subject of the matter herein on numerous occasions and that the letter dated December 4, 2020 revealed that Honeybee had been conducting its business in advice and compliance with ZAMRA.
“That further to the foregoing it is unfair, prejudicial and likely to cause grave damage to Honeybee Pharmacy Limited for no apparent reason as ZAMRA has always advised Honeybee Pharmacy Limited on pharmaceutical related matters and Honeybee Pharmacy Limited has always obliged. Honeybee Pharmacy Limited was actually granted an import permit by ZAMRA,” read the affidavit.
Hussein claimed that ZAMRA had admitted that although it was not a party to a Contract between Honeybee Pharmacy Limited and the procuring entity, it had engaged in acts aimed at destroying Honeybee Pharmacy Limited’s business.
He submitted that cases should be heard and determined on their merits and that a certain level of status quo should be maintained so as to not prejudice any of the parties herein.
Hussein submitted that ZAMRA had not disclosed what prejudice it would suffer if Honeybee Pharmacy Limited was granted an Order for injunction.
“That I am advised by my advocates and verily believing in the truth and veracity of the same that an Injunction should be placed upon the defendants so that the matter can proceed and be determined on a meritorious basis,” he stated.
ZAMRA had previously asked the Lusaka High Court to dismiss the said matter with costs, arguing that the action was an abuse of court process.
The authority further agued that Honeybee Pharmacy Limited had no locus standi in relation to the Pharmaceutical Licence as the same was not granted to ‘Honeybee Pharmacy Limited’ but to ‘Honeybee Phamarmacy’.
But Honeybee Pharmacy Limited had submitted that ZAMRA’s application to have its action dismissed was simply an attempt by the authority to avoid the contemptuous acts it engaged in by revoking a license which was the subject of the proceedings and as such pre-emptying the power vested in the court to adjudicate and determine all matters brought to its attention.
It asked the court to ignore ZAMRA’s invitation to have its suit dismissed, arguing that the case boarders on public interest and that striking out the same would deprive the innocent 17 million Zambians who would like to know the truth regarding a very debatable public issue which touches on the people’s emotions.
