South African Veterinary Association v Speaker of the National Assembly and Others

The South African Veterinary Association (SAVA), representing veterinarians, challenged the constitutional validity of section 16 of the Medicines and Related Substances Amendment Act 14 of 2015. This provision inserted the word “veterinarian” into section 22C(1)(a) of the Medicines and Related Substances Act 101 of 1965, requiring veterinarians to obtain licences from the Director-General of Health to compound and dispense medicines. Previously, veterinarians were regulated under the Veterinary and Para‑Veterinary Professions Act and did not require such licences. The word “veterinarian” was added at the National Assembly committee stage after public hearings had concluded, without any further public participation, and was later passed by Parliament and assented to by the President.

Direct access was granted. Section 22C(1)(a) of the Medicines and Related Substances Act was declared constitutionally invalid to the extent that it included the word “veterinarian”. The word “veterinarian” was severed from the provision. The Speaker of the National Assembly and the Chairperson of the National Council of Provinces were ordered, jointly and severally, to pay the applicant’s costs, including the costs of two counsel.

The case reaffirms the justiciable constitutional duty on Parliament to facilitate public participation at all stages of the legislative process, particularly where material amendments are introduced. It underscores that even a single word added at committee stage can invalidate legislation if public participation is absent. The judgment strengthens participatory democracy and reinforces the principles established in Doctors for Life.