A local herbal medicine company, Laxen Herbal Solutions, has been arraigned on charges of selling unregistered complementary medicines in violation of the Medicines and Allied Substances Control Act (MASCA).
According to the State, Laxen Herbal breached Sections 18(1) and 18(3) of MASCA, which govern the regulation of complementary medicines.
The State alleges that although the company’s products are traditional in nature, they are packaged in ways resembling pharmaceutical-grade complementary medicines, including forms such as powders and capsules.
A witness testified that the products had labels detailing their usage, dosage, and other descriptions, akin to complementary pharmaceutical products. The witness argued that traditional medicines should be sold in their raw form and packaged in a manner consistent with traditional practices.
However, Laxen Herbal, represented by Tinashe Manzvii, contested the charges, arguing that the legislation cited by the State does not apply to their operations.
Manzvii asserted that their products fall under the African Traditional Medical Practitioners Act, which encourages innovation in traditional medicine.
“Our products are locally produced under the African Traditional Medical Practitioners Act. This Act mandates us to preserve heritage while being innovative,” Manzvii stated. “Packaging and modifying the medicine into powder forms is part of making them more accessible and appealing to consumers.”
Manzvii also cited the exemption provided by Statutory Instrument (SI) 97 of 2015, which excludes traditional medical practitioners from the regulations governing complementary medicines.
“Your Honor, SI 97 of 2015 does not apply to individuals practicing traditional medicine as recognized under the Traditional Medical Practitioners Act,” Manzvii argued. “This legislation distinguishes traditional medicines from complementary medicines, and as such, the charges against me are misplaced.”
Manzvii requested that the court dismiss the charges, arguing that the company complied with the law under the Traditional Medical Practitioners Act.
Court documents revealed that on August 22, 2024, detectives from CID Drugs and Narcotics in Bulawayo received a tip-off that Laxen Herbal Solutions was selling unregistered complementary medicines.
A team visited the shop, where they found and seized various unregistered products. On the following day, inspectors from the Medicines Control Authority of Zimbabwe (MCAZ) joined detectives to inspect the products. The unregistered medicines, valued at US$5,035, were confiscated and are being held as evidence.
The matter has been postponed to November 29, 2024, for judgment.
