Committee of Formal Inquiry reprimands pharmacists found guilty of unprofessional conduct

As the South African Pharmacy Council (SAPC) is legislatively mandated to protect and uphold the good image of the pharmacy profession while assuring the public’s right to universally accepted standards of pharmaceutical care, the Committee of Formal Inquiry investigates alleged misconduct by pharmacy professionals and premises owners, and institutes various penalties on those found guilty – these can range from a fine and/or suspension from practice, or complete deregistration. In terms of the Regulations relating to the conduct of inquiries held in terms of Chapter V of the Pharmacy Act, 53 of 1974, in particular Regulation 26, respondents who have been found guilty by a Committee of Formal Inquiry (CFI) shall have their names, together with the summary of the charges and the penalty imposed by the CFI, published in a Council Report.

Findings of the Committee of Formal Inquiry

Kofi Ntiforo Maafo (P20228)

Mr Maafo, a pharmacist and owner, was found guilty of the following charges:

1. In terms of Regulation 22 of the Regulations relating to the practice of pharmacy, by operating a pharmacy without a pharmacist present.
2. In terms of Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by allowing unregistered persons to perform acts within the scope of practice of a pharmacist.
3. Shortcomings in terms of the Rules relating to Good Pharmacy Practice.

The CFI sentenced Mr Maafo in terms of Regulation 18 of the Regulations relating to the conduct of inquiries held in terms of Chapter V of the Pharmacy Act, 53 of 1974, to a fine of R40 000,00, as well as a cost order of R12 785,11.

Lesiba Johannes Sepuru (P11419)

Mr Sepuru, a pharmacist and owner, was found guilty of the following charges:

1. In terms of Regulation 22 of the Regulations relating to the practice of pharmacy, by operating a pharmacy without a pharmacist present.
2. In terms of Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by allowing unregistered persons to perform acts within the scope of practice of a pharmacist by dispensing scheduled medicines.
3. Shortcomings in terms of the Rules relating to Good Pharmacy Practice.

The CFI sentenced Mr Sepuru in terms of Regulation 18 of the Regulations relating to the conduct of inquiries held in terms of Chapter V of the Pharmacy Act, 53 of 1974, to be suspended from practising as a pharmacist for a period of one year, which suspension is suspended for a period of one year on condition that he is not found guilty of a similar offence during the period of suspension, as well as a fine of R50 000,00 and a cost order of R12 785,11.

Othello Kid Mushwana (P08982)

Mr Mushwana, a pharmacist and owner, was found guilty of the following charges:

1. In terms of Regulation 22 of the Regulations relating to the practice of pharmacy, by operating a pharmacy without a pharmacist present.
2. In terms of Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by allowing unregistered persons to perform acts within the scope of practice of a pharmacist.
3. Shortcomings in terms of the Rules relating to Good Pharmacy Practice.

The CFI sentenced Mr Mushwana in terms of Regulation 18 of the Regulations relating to the conduct of inquiries held in terms of Chapter V of the Pharmacy Act, 53 of 1974, to a fine of R40 000,00 and a cost order of R12 785,11.

Yvonne Moira Kaplan (P06182)

Ms Kaplan, a responsible pharmacist, was found guilty of the following charges:

1. In terms of Regulation 22 of the Regulations relating to the practice of pharmacy, by operating a pharmacy without a pharmacist present.
2. In terms of Rule 4(c) of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by keeping scheduled medication in an area accessible to the public.
3. In terms of Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by allowing unregistered and/or unqualified persons to perform acts within the scope of practice of a pharmacist.
4. Shortcomings in terms of the Rules relating to Good Pharmacy Practice.

The CFI sentenced Ms Kaplan in terms of Regulation 18 of the Regulations relating to the conduct of inquiries held in terms of Chapter V of the Pharmacy Act, 53 of 1974, to a fine of R50 000,00 and a cost order of R12 785,11.

Richard Khumalo (P15051)

Mr Khumalo, a pharmacy owner and a pharmacist’s assistant (basic), was found guilty of the following charges:

1. In terms of Regulation 22 of the Regulations relating to the practice of pharmacy, by operating a pharmacy without a pharmacist present.
2. In terms of Section 22 of the Pharmacy Act, 53 of 1974, by failing to have a responsible pharmacist registered with the South African Pharmacy Council.
3. In terms of Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by allowing unregistered and/or unqualified persons to perform acts within the scope of practice of a pharmacist.
4. In terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by harming the dignity or honour of the profession by misleading the public.

The CFI sentenced Mr Khumalo in terms of Regulation 18 of the Regulations relating to the conduct of inquiries held in terms of Chapter V of the Pharmacy Act, 53 of 1974, to be suspended from the register of pharmacist’s assistants (basic) for a period of two years, which sentence is suspended for a period of two years on condition that he not be found guilty of a similar offence during this period, as well as that the pharmacy be removed from the register of pharmacies and a recommendation be made to the Department of Health to have the license of the pharmacy withdrawn, and a cost order of R12 785,11.

Frans Molefe Maluleka (P25327)

Mr Maluleka, a pharmacy owner and a pharmacist, was found guilty of the following charges:

1. In terms of Regulation 22 of the Regulations relating to the practice of pharmacy, by operating a pharmacy without a pharmacist present.
2. In terms of Section 22(2) of the Pharmacy Act, 53 of 1974, by failing to record a pharmacy with the South African Pharmacy Council.
3. In terms of Section 22 of the Pharmacy Act, 53 of 1974 read together with Regulation 18 of the Regulations relating to the practice of pharmacy by providing pharmaceutical services from premises not recorded with the South African Pharmacy Council.
4. In terms of Section 22 of the Pharmacy Act, 53 of 1974, by failing to register a responsible pharmacist with the South African Pharmacy Council.
5. In terms of Rule 18 of the Rules relating to the acts or omissions in respect of which Council may take disciplinary steps, by allowing unregistered and/or unqualified persons to perform acts within the scope of practice of a pharmacist.
6. In terms of Rule 10 of the Rules relating to the acts or omissions in respect of which Council may take disciplinary steps, by harming the dignity of the profession by using another pharmacy’s credentials to fraudulently order stock and supplies.
7. Shortcomings in terms of the Rules relating to Good Pharmacy Practice.

The CFI sentenced Mr Maluleka in terms of Regulation 18 of the Regulations relating to the conduct of inquiries held in terms of Chapter V of the Pharmacy Act, 53 of 1974, to be suspended from the register of pharmacists for a period of two years, which sentence is suspended for a period of two years on condition that he not be found guilty of a similar offence during this period, as well as a fine of R105 000,00 and a cost order of R12 785,11.

Srinivas Moonsamy Naicker (P09031)

Mr Naicker, a pharmacist, was found guilty of the following charges:

1. In terms of Regulation 35 of the General Regulations published under the Medicines and Related Substances Act, 101 of 1965, by failing to update the Schedule 2 register.
2. In terms of Rule 23 of the Rules relating to the acts or omissions in respect of which Council may take disciplinary steps, by selling or promoting the sale of medicines in a manner that has as its aim or may be interpreted or regarded as having as its aim, the misuse or abuse or unsafe use of medicines.
3. In terms of Regulation 6 of the Regulations relating to the ownership and licensing of pharmacies, by acting as a wholesale pharmacy while registered as a community pharmacy.
4. In terms of Regulation 36 of the General Regulations published under the Medicines and Related Substances Act, 101 of 1965, by failing to balance the Schedule 6 register.
5. Shortcomings in terms of the Rules relating to Good Pharmacy Practice.

The CFI sentenced Mr Naicker in terms of Regulation 18 of the Regulations relating to the conduct of inquiries held in terms of Chapter V of the Pharmacy Act, 53 of 1974, to be removed from the register of pharmacists, as well as a fine of R215 000,00 and a cost order of R12 785,11.