Pharmaciae (SAPC) | CFI Findings

Committee of formal inquiry finds pharmacists and pharmacy support personnel guilty

In terms of the Regulations relating to the conduct of inquiries held in terms of Chapter V of the Pharmacy Act, 53 of 1974, and 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

Hendrik Johannes Samuel Louw (P47310)

Mr Louw, a pharmacist’s assistant (post-basic), was found guilty in terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, of fraudulently presenting a forged certificate of registration as a pharmacist’s assistant (post-basic) without such registration with the South African Pharmacy Council.

The CFI sentenced Mr Louw in terms of Regulation 18 of the Regulations relating to conduct of inquiries held in terms of Chapter V of the Pharmacy Act, 53 of 1974 to be suspended from practicing as a pharmacist’s assistant (post-basic) for a period of five years which sentence is suspended for a period of five years on condition that he is not found guilty of any similar offence during the period of suspension, as well as a cost order of R12 785,11.

Ntuthuko Goodman Shange (P18811)

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

In terms of Section 22(4) & (5) of the Pharmacy Act, 53 of 1974, by failing to have a Responsible Pharmacist registered with the South African Pharmacy Council.
Shortcomings in terms of the Rules relating to Good Pharmacy Practice.
In terms of Regulation 22 of the Regulations relating to the practice of pharmacy, by operating a pharmacy without a pharmacist present.
In terms of Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by allowing unqualified and unregistered persons to perform acts pertaining to the scope of practice of a pharmacist.

The CFI sentenced Mr Shange in terms of Regulation 18 of the Regulations relating to conduct of inquiries held in terms of Chapter V of the Pharmacy Act, 53 of 1974 to a fine of R70 000,00 as well as a cost order of R12 785,11.

Tirelo Tebogo Modikwe Motsepe (P20707)

Mr Motsepe, a pharmacist, was found guilty in absentia of the following charges:

In terms of Regulation 22 of the Regulations relating to the practice of pharmacy, by operating a pharmacy without a pharmacist present.
In terms of Section 22(4) & (5) of the Pharmacy Act, 53 of 1974, by failing to have a Responsible Pharmacist registered with the South African Pharmacy Council.
Shortcomings in terms of the Rules relating to Good Pharmacy Practice.

The CFI sentenced Mr Motsepe in terms of Regulation 18 of the Regulations relating to conduct of inquiries held in terms of Chapter V of the Pharmacy Act, 53 of 1974 to pay a fine of R45 000,00 as well as a cost order of R12 785,11.

Kenga Ndayi (P39969)

Ms Ndayi, a pharmacist intern, was found guilty, in absentia, in terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by submitting a fraudulent South African Pharmacy Council Certificate of Registration as a pharmacist registered to perform pharmaceutical community service, while registered as a pharmacist intern.

The CFI sentenced Ms Ndayi in terms of Regulation 18 of the Regulations relating to conduct of inquiries held in terms of Chapter V and Section 45(1)(c) of the Pharmacy Act, Act 53 of 1974 to be removed from the register of pharmacist interns for a period of 12 months, effective from 31 May 2018 to 31 May 2019, during which Ms Ndayi may not be allowed to practice as a pharmacist intern.