Dear Ms Matoso

It is with deep concern that PHARMAPACT note the continued unconstitutional and hence illegal official collaboration between the MCC and the BBRG during even this transitional stage of the MCC / MRA.

Our initial concerns were outlined in registered correspondence dating back to 16 January 1997 and have yet to be formally addressed by Council. Since then the situation has progressively deteriorated to the extent that PHARMAPACT have been unable to liase further with the authorities (see our letter of 13 November, 1997) and hence your 30 September, 1998 notice is but one example of this disregard for the constitutional rights of others, in particular the small operators who do not have the resources to play the listings procedure game and those who oppose developments on procedural and constitutional grounds.

I draw your attention to the fact that the BBRG is for all intents and purposes, a private financially vested-interest industry grouping illegally collaborating in a legislation drafting process to preferentially suit their own monopolistic circumstances. Their scheduled 9 October 98 meeting has furthermore been illegally advertised via selective invitations on MCC letter-head and faxed at taxpayers expense. This meeting was not arranged on the request of, but is a BBRG meeting, as per their notice of 27 September, announcing the meeting and that the Director-General has agreed to chair same. I must reiterate that PHARMAPACT do not recognise the BBRG as a legally constituted forum for the legislation of natural health substances, which they and the MCC insist on classifying arbitrarily as complementary medicines.

I furthermore draw your attention to the fact that a letter on behalf of HEALTH FREEDOM South Africa, dated 19 June 1998, addressed to the Minister of Health and forwarded to the MCC, calling for a halt to all deliberations on the listing system pending an officially constituted national indaba called by public notice, has gone unheeded, in spite of the fact that HFSA collectively represent by far the majority of stakeholders, and an informed position was legally served on the State outlying the strong sentiment of this united front. As HFSA secretary and in discussion with it's chairperson and working committee, I have no reason to believe that the position of the parties on this issue has changed, and therefore we protest the MCC bias in this regard. Moreover PHARMAPACT warn you of serious legal ramifications.

PHARMAPACT warns you of serious legal ramifications for the MCC for its continuing to encourage the BBRG to illegally proceed along the present course established by the former dismissed Registrar and disgraced Chairman, and the dismissed and subsequently reinstated Council as well as the long-standing members of the Complementary Medicines Committee and its sub-committees who have also had their attention repeatedly drawn to the controversial nature of their actions in conflict with the constitutional rights of others opposed to the undemocratic and irregular procedural development of the listing system.

Needless to say the MCC itself will be held legally responsible for any damages sustained by our membership should the listing procedure actually be implemented, and will face public exposure and criminal investigation and proceedings for all illegal activities incidental to any and all procedural irregularities to date, of which there are considerable, and which is most unbecoming of an authority in reform and transition and portraying itself as being reformed, fair and transparent in its public dealings.

PHARMAPACT have taken a decision, as per our consistent position to date, not to send a delegation to Friday's meeting for the reasons outlined above. We will however send observers delegated the right to defend PHARMAPACT's position if need be, and to inform attendees of the illegality of proceedings and of their constitutional rights in defense of prior and subsequent developments in this serious matter. We also record our disappointment at not receiving the documentational record on the Listing procedure as discussed and agreed between Helen Rees and Anthony Rees, as a goodwill gesture towards the proposed re-establishment of formal communication between the "new" MCC and an aggrieved PHARMAPACT.

Let me make it quite clear that we do not deduce from the foregoing that you are a fully informed party to current developments, since we know that the BBRG/ CMC / industry diplomats have deception, misrepresentation and other forms of persuasion down to a fine art. If you truly wish to do long-term justice to these issues, you will however first deliberate these matters with PHARMAPACT to hear the other side of the story before embarking on a course of action which will throw the regulation of all registered and unregistered medicines alike into the greatest constitutional / legal turmoil imaginable.

If you suspect that your official PHARMAPACT file has been laundered, which we suspect it might be, we will gladly courier to you the 100's of pages constituting the official record, which has also been lodged with the Ministry and Public Protector. In any event, some of the most pertinent documents and revelatory special reports have never even been formally served on the MCC in recent times for want of not casting pearls before swine. We would be happy to make these available to you if talks proceed action on the listing procedure. Alternatively they will form part of legal papers served on the MCC, Director-General and Minister by our lawyers as criminal charges and civilian suite. This would indeed be regretable, since these organs of State have far greater need for their already heavily overdrawn budgets.

I trust that you will do the right thing, even at this relatively late stage.

For now, I remain,

Yours faithfully

(Secretary, Health Freedom South Africa)

cc Minister of Health

Director-General Health

Public Protector