KRALENDIJK – The Minister of Health, Welfare and Sport must make a new decision regarding a pharmacy license application on Bonaire. This was ruled by the Court of First Instance of Bonaire, Sint Eustatius and Saba. According to the court, the minister did not sufficiently justify the earlier rejection of the application and wrongly cited the absence of an advisory committee.
The application for a new pharmacy on Bulevar Gobernador Debrot in Kralendijk was submitted in June 2023 by Service Apotheek Bonaire B.V., part of the Botika di Servisio group. At the time of application, the company had a qualified pharmacist, a suitable building, and staff. Nevertheless, the minister rejected the application in August 2024, citing the absence of a legally required advisory committee—one that, under the former regulations, was to be established by a general administrative order.
The court ruled that the lack of an advisory committee does not absolve the minister of the obligation to make a careful and timely decision. The judge emphasized that the minister should have explored alternative advisory options. Later arguments used to justify the rejection—such as the alleged lack of necessity for an additional pharmacy—were also deemed insufficiently substantiated. Currently, there is only one functioning pharmacy on Bonaire, raising concerns about the accessibility of pharmaceutical care for both residents and tourists.
The minister must issue a new decision by September 1 of this year, in accordance with the amended Article 26a of the Medicines Supply Act. The costs of the legal proceedings are to be borne by the minister.
