The Committee of Formal Inquiry metes out sanctions against unprofessional conduct

Findings of the Committee of Formal Inquiry

Akinola Samuel Ogunluyi

Mr OGUNLUYI, a pharmacy owner of Judiths Paarl Pharmacy (Y54389), 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.
   
   

The CFI found Mr Ogunluyi guilty and sentenced him 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, recommended to the Registrar that the name of the Respondent, as the owner of Judiths Paarl Pharmacy, be removed from the register of owners as held in terms of Section 14 of the Pharmacy Act, 53 of 1974; as well as that the pharmacy be removed from the register of pharmacies, and a recommendation be made to the National Department of Health (NDoH) to not issue any further pharmacy licence/s to the Respondent. Mr A S Ogunluyi was also fined R50 000,00 and a cost of R12 785,11.

Kenneth Khombo Makhubele (P07736)

Mr Makhubele, 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 Regulation 18 of the Pharmacy Act, by allowing unregistered persons to perform acts falling within the scope of practice of pharmacists.
   
   

The CFI sentenced Mr Makhubele 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 pay a fine of R30 000, which sentence is suspended for a period of twelve months on condition that he is not found guilty of a similar offence during the period of suspension, as well as a cost order of R12 785,11.

Phillip Frank Van Voore (P16245)

Mr Van Voore, a responsible pharmacist, was found guilty of the following charges:

1. Shortcomings in terms of the Rules relating to Good Pharmacy Practice.
2. In terms of Section 22A (5) (b) of the Medicines and Related Substances Act, 101 of 1965, dispensing a scheduled substance without a prescription.
3. In terms of Section 22A (5) (b) of the Medicines and Related Substances Act, 101 of 1965, dispensing a prescription with no reference number.
4. Contravention of Section 22A(5)(b) of the Medicines and Related Substances Act, 101 of 1965 read with Regulation 36 (b) & (c) of the General regulations published under the Medicines and Related Substances Act, 101 of 1965. Failure to update schedule 6 record.
5. In terms Section 22A(5)(b) of the Medicines and Related Substances Act, 101 of 1965 read with Regulation 36 of the General Regulations published under the Medicines and Related Substances Act, 101 of 1965, together with 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.

The CFI sentenced Mr Van Voore 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 pay a fine of R25 000, R17 500 of which sentence is suspended for a period of twelve months on condition that he is not found guilty of a similar offence during the period of suspension.

Reidwan Sallie (P55696)

Mr Sallie, a pharmacy owner and Pharmacist’s Assistant (Basic), was found guilty of the following charges:

1. Shortcomings in terms of the Rules relating to Good Pharmacy Practice.
2. In terms of Section 22A (5) (b) of the Medicines and Related Substances Act, 101 of 1965, dispensing a scheduled substances without a prescription.
3. In terms of Section 22A (5) (b) of the Medicines and Related Substances Act, 101 of 1965, by failing to reference the prescription.
4. In terms of Section 22A (5) (b) of the Medicines and Related Substances Act, 101 of 1965 read with read with Regulation 36 (b) & (c) of the General regulations published under the Medicines and Related Substances Act, 101 of 1965, dispensing by taking prescription shortcuts.
5. In terms of Rule 4(c) of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by not keeping scheduled medication locked away as well as dispensing scheduled medication without a prescription.
   
   

The CFI sentenced Mr Sallie 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 pay a fine of R45 000, which sentence is suspended for a period of twelve months on condition that he is not found guilty of a similar offence during the period of suspension. Mr Sallie was sanctioned to pay a cost order of R12 785,11.

Luthando Nduna (P21962)

Mr Nduna, a pharmacy owner and 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 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 medicines and/or serving patients.
3. 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
4. Shortcomings in terms of the Rules relating to Good Pharmacy Practice.
   
   

The CFI sentenced Mr Nduna 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 pay a fine of R20 000, which sentence is suspended for a period of twelve months on condition that he is not found guilty of a similar offence during the period of suspension as well as a cost order of R12 785,11.

Ms K Radebe

Ms Radebe, owner of pharmacy (Y52606), was found guilty of the following charges:

1. Shortcomings in terms of the Rules relating to Good Pharmacy Practice.
2. In terms of Regulation 22 of the Regulations relating to the practice of pharmacy, by operating a pharmacy without a pharmacist present.
3. In terms of Section 22(4) & (5) of the Pharmacy Act, by failing to have a Responsible Pharmacist registered with the South African Pharmacy Council.
4. In terms of Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, failing to act according to the Act Regulations or Rules and/or permitting others from doing the same.
   
   

The CFI sentenced Ms Radebe 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 pay a fine of R2 500, which sentence is suspended for a period of two years on condition that he is not found guilty of a similar offence during the period of suspension as well as a cost order of R12 785,11.

Es-Marie Louw (P45851)

Ms Louw, a pharmacist, was found guilty in terms of Rule 4(a) of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, of a dispensing error.

The CFI sentenced Ms Louw 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 pay a fine of R15 000, which sentence is suspended for a period of twelve months on condition that he is not found guilty of a similar offence during the period of suspension as well as a cost order of R12 785,11.

Bhandyi James Ntiwane (P09392)

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

1. Shortcomings in terms of the Rules relating to Good Pharmacy Practice.
2. In terms of Section 22A(5) (b) of the Medicines and Related Substances Act, 101 of 1965, dispensing medication without a prescription.
3. In terms of Section 22A(5) (b) of the Medicines and Related Substances Act, 101 of 1965, dispensing medication without a prescription.
4. In terms of Section 22A(5) (b) of the Medicines and Related Substances Act, 101 of 1965, dispensing medication without a prescription.
5. 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 medicines.
   
   

The CFI sentenced Mr Ntiwane 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 pay a fine of R23 000 as well as a cost order of R12 785,11.