The new health minister will be taken to court over dispensing fees for doctors and other non-pharmacist dispensers, the National Convention on Dispensing said on Monday.

Dr Norman Mabasa, National Convention on Dispensing chairperson, said court papers were delivered at Minister Barbara Hogan's offices on Friday.

The move was a bid to declare a provision of the regulations of the Medicines Act that fixes a dispensing fee at 16 percent for medicines costing more than R100.

Mabasa said the regulation fixes the fee at R16 for items costing more than R100, which means that doctors who have to dispense medication that costs R100 or more can only recoup R16.

"This realistically and in our view means that doctors find it very difficult to keep medicines for treatment of diseases such as HIV and Aids and some effective antibiotics that may cost way above R100," he said in a statement.

Mabasa said it would make no sense for any doctor to buy an item that costs R500 and only get paid R16 for it.

"We argue that this provision is not good for doctors who are then not able to keep medicines their patients may need."

Health spokesperson Fidel Radebe could not be reached for comment.

Sapa