Advocacy · Essential services
ESC determination retains specified pharmaceutical supply and distribution services
PLASA’s member update on the Essential Services Committee’s ES924 determination.
By PLASA · Member update: 1 April 2026
Determination signed 31 March 2026
The Essential Services Committee (ESC) varied its November 2022 designation following an investigation into pharmaceutical services. Its determination, signed by Deputy Chairperson Joyce Nkopane on 31 March 2026, records PLASA among the participants in the public hearings.
What the determination retained
Paragraph 35.1.1 designates the following services as essential:
- The manufacture, supply and distribution of vaccines and/or biologicals; anaesthetics; antiretrovirals to treat HIV; immunosuppressants; and antibiotics.
- The manufacture and supply of chronic medicines.
The separate reference to COVID-19 products was excluded. The committee considered the changed circumstances since the pandemic-era designation and the need to avoid an unjustified limitation of the right to strike.
A service-specific designation
The determination emphasises that it is the service, rather than the entire industry or institution, that is designated essential. Essential and non-essential service workers may work within the same organisation. The outcome should therefore not be read as a blanket designation of every pharmaceutical company, wholesaler, activity or employee.
PLASA’s participation
The ruling lists PLASA alongside the Pharmaceutical Task Group, LAAPI, National Bioproducts Institute, Medipost Holdings and SAHPRA as participants in the hearings. It records submissions describing the complex, regulated supply chain underpinning medicine availability and the consequences of interruption for patients.
In its 1 April 2026 member communication, PLASA highlighted its contribution to explaining manufacturing, storage, distribution and delivery as interdependent parts of an end-to-end system. PLASA’s account stresses that medicines only deliver their intended benefit when they are available at the point of care.
PLASA regards the retained supply and distribution services as an important recognition of healthcare logistics. The committee’s written ruling records collective submissions; it does not attribute the outcome solely to any one participant.
Minimum service agreements
Paragraph 36 directed parties rendering either or both designated services to negotiate and conclude minimum service agreements within 90 days of the designation. This is the direction recorded in the March 2026 determination, not a new 90-day period starting when this webpage is read.
Organisations should confirm the scope applicable to their operations and the status of any subsequent agreements or directions with the ESC and their labour-law advisers.
Supporting continuity of care
The outcome reinforces the connection between specified pharmaceutical services, medicine availability and continuity of treatment. PLASA will continue to bring operational evidence and healthcare logistics expertise into industry and policy discussions.
Sources: ESC ES924 determination, 31 March 2026, particularly paragraphs 7, 23, 35 and 36; PLASA member communication dated 1 April 2026. This is a historical update and does not establish current legal obligations or replace advice on a particular operation.