KUALA LUMPUR, Jan 16 — The Attorney-General’s Chambers (AGC) has argued that the court has no power to interfere with medicine price display because it’s the government’s right to make the policy.
In a written submission by the health minister, domestic trade and cost of living minister, and the government to the High Court last December 20, the AGC, represented by its senior federal counsel (SFC), opposed an application by medical groups to stay enforcement of the Price Control and Anti-Profiteering (Price Marking for Drug) Order 2025.
“The respondents humbly submit that the policy to enforce the Disputed Order is the exclusive right of the federal government which decides what kind of consumer policy should be implemented in the whole of Malaysia,” said the AGC.
“This Honourable Court does not possess the knowledge of policy considerations that underlie the decision made pursuant to the Respondents’ evaluation;
“The government policy on the enforcement of the Disputed Order emanated after consideration of non-legal or technical factors. The Court/Judge does not possess the necessary information and expertise to evaluate such factors and to pass judgment on the appropriateness or adequacy of that particular policy; and
“It is not within the domain of the Court to weigh the pros and cons of the policy or to scrutinise it and test the degree of its beneficial or equitable disposition for the purpose of varying or annulling it, based on howsoever sound and good reasoning, unless the policy violates the Federal Constitution or any written law, or is arbitrary, or there exist elements of mala fides or abuse of power.”
Citing case law, the AGC stressed that “it is not for the Court to question the merits or demerits of the government decision to enforce the said Disputed Order.”
“There is plethora of authorities which propounded that issues relating to policy considerations are neither justiciable nor capable of judicial determination,” said the AGC.
The AGC also argued that applicants of the judicial review against the price display order have not demonstrated any “special circumstance” to warrant a stay of execution.
Last December 23, the High Court here granted an ad-interim stay (temporary pause) of enforcement of the price transparency mandate, which was originally scheduled for January 1, 2026, pending a February 4 hearing of the stay application by doctors’ groups.
In an affidavit filed in the High Court last December 17, Health Minister Dzulkefly Ahmad said the majority of stakeholders supported the medicine price display policy, except medical and dental associations.
“The objective of the display of retail medicine prices is price transparency and consumer protection in making choices. Transparency of retail medicine prices will empower patients to make informed decisions about their own health care, besides controlling the cost of living,” he said.
The health minister pointed out that various countries practise transparency in retail drug prices, such as Thailand, Indonesia, Australia, New Zealand, and Taiwan that allow the public to check the retail prices of medicines on open platforms. Likewise with South Africa, a middle-income country and a similar health care system as Malaysia without national health insurance.
According to an exhibit tendered by Dzulkefly in court, the domestic trade and cost of living minister appointed, on May 14, 2025, the senior director of pharmaceutical services in the Ministry of Health (MOH) as the deputy price controller for the purposes of the drug price display order. Pharmacy officers across the MOH were also appointed as assistant price controllers.
In the ongoing judicial review, seven medical and dental groups, as well as an individual general practitioner (GP), have argued that the Price Control and Anti-Profiteering Act 2011 cannot apply to doctors or dentists providing treatment as this is regulated under the Poisons Act 1952.
Applicants contended that charges for medical treatment, including the dispensing of drugs, are not “prices of drugs” but are part of the fees for professional services.
