The official publication of the South African Pharmacy Council

Twitter
Pharmaciae (SAPC)
Pharmaciae (SAPC)
South African Pharmacy Council
  • Pharmaciae
    • eVol6 No1 (Aug 2019)
    • eVol5 No2 (Dec 2018)
    • eVol5 No1 (Aug 2018)
    • eVol4 No2 (Dec 2017)
    • eVol4 No1 (Aug 2017)
    • eVol3 No2 (Dec 2016)
    • eVol3 No1 (Jul 2016)
    • eVol2 No2 (Dec 2015)
    • eVol 2 No 1 (Jun 2015)
    • eVol 1 No 1 (Dec 2014)
  • Calendar
    • 3rd National Pharmacy Conference 2019
    • Annual fee due date: Pharmacies and Responsible Pharmacists (public sector)
    • Annual fee due date: Pharmacists
    • Annual fee due date: Providers, Assessors, Pharmacy Support Personnel and Students
    • Annual fee due date: Pharmacies and Responsible Pharmacists (private sector)
  • Newsletter Archive
  • SAPC Website
MENU CLOSE back  
Print This Post
Pharmaciae - SAPC - Formal Inquiry

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

Matoko Lucas Mokoka (P20344)

Mr Mokoka, a pharmacist, was found guilty in absentia 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, conducting a pharmacy without the direct supervision of a pharmacist.
  3. In terms of Regulation 11 (1) & (2) of the General Regulations (2003) published under the Medicines and Related Substances Act, 101 of 1965, failing to record the sale of schedule 1 and 2 medicines in a prescription book.
  4. In terms of Regulation 33 of the General Regulations (2003) published under the Medicines and Related Substances Act, 101 of 1965, storing pre-packed medicines and failing to label such medicines correctly.
  5. In terms of Rule 3 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, failing to sign prescriptions and to identify the dispenser of a prescription by both the name and signature on the trailer label and on the prescription.
  6. In terms of Rule 2.7.1.1 & 2.7.1.3 of the Rules relating to Good Pharmacy Practice, failing to evaluate prescriptions and to identify any possible problems before dispensing the prescription.
  7. In terms of Rule 2.13 of the Rules relating to Good Pharmacy Practice, conducting blood pressure monitoring, testing blood sugar and cholesterol levels in an area that does not comply with Good Pharmacy Practice.
  8. In terms of Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, allowing unregistered persons to perform acts pertaining to the scope of practice of a pharmacist.
  9. In terms of Section 22A (5) (b) of the Medicines and Related Substances Act, 101 of 1965, dispensing medication and claiming from a medical aid without a valid prescription.

The CFI sentenced Mr Mokoka in terms of Regulation 18 of the Regulations relating to conduct of inquiries held in terms of Chapter V of the Pharmacy Act to pay a fine of R25 000, of which R10 000 is payable immediately and R15 000 is suspended for a period of three 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.

Taryn Bernice Gidish (P38390)

Ms Gidish, a pharmacist’s assistant (post-basic), 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 serious dispensing error.

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

Louis Frederik Van Dyk (P20098)

Mr Van Dyk, a pharmacist, was found guilty in absentia in terms of Rule 10 of the Rules relating to the acts or omissions in respect of which Council may take disciplinary steps, of harming the honour of the profession by fraudulently using a doctor’s prescription pad to issue a prescription to a relative.

The CFI sentenced Mr Van Dyk in terms of Regulation 18 of the Regulations relating to conduct of inquiries held in terms of Chapter V of the Pharmacy Act to pay a fine of R25 000, of which R10 000 is payable immediately and R15 000 is suspended for a period of three 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.

Eahann Taljaardt (P12470)

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

  1. Shortcomings in terms of the Rules relating to Good Pharmacy Practice.
  2. In terms of Regulation 30 of the General Regulations (2003) published under the Medicines and Related Substances Act, 101 of 1965, failing to keep an up-to-date, balanced register of all schedule 6 medicines.
  3. In terms of Rule 3 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, failing to indicate on the original prescription who the dispenser was by indicating the name on the trailer label and the signature on the prescription.
  4. In terms of Section 22A (5) (b) of the Medicines and Related Substances Act, 101 of 1965, by dispensing excessive quantities of Pethidine injections without valid prescriptions.
  5. In terms of Section 22A (5) (b) of the Medicines and Related Substance Act, 101 of 1965, by dispensing schedule 5 or 6 medicine without a valid prescription (4 counts).

The CFI sentenced Mr Taljaard in terms of Regulation 18 of the Regulations relating to conduct of inquiries held in terms of Chapter V of the Pharmacy Act, as follows:

  1. Removal from the register of pharmacists, which sentence was suspended for three years on condition that Mr Taljaardt not be found guilty of any similar or related offence;
  2. A fine in the amount of R30 000 of which R15 000 is payable immediately and R15 000 is suspended for a period of three years on condition that Mr Taljaardt not be found guilty of any similar or related offence; and
  3. A cost order in the amount of R12 785,11.

Klaas Gift Maganyele (P20363)

Mr Maganyele, a pharmacist, was found guilty in terms of Regulation 22 of the Regulations relating to the practice of pharmacy of conducting a pharmacy without a pharmacist present.

  1. A fine in the amount of R10 000 which is suspended for a period of five years on condition that Mr Maganyele not be found guilty of any similar or related offence; and
  2. A cost order in the amount of R12 785,11.

Ummendra Ramjee Cara (P01739)

Mr Cara, a pharmacist, 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, operating a pharmacy without a pharmacist present.
  3. In terms of Rule 4 (c) of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, allowing unregistered persons access to scheduled medicines.
  4. In terms of Regulation 11 of the General Regulations (2003) published under the Medicines and Related Substances Control Act, 101 of 1965, by failing to record the sales of schedule 1 and 2 medicines.
  5. In terms of Regulation 30 of the General Regulations (2003) published under the Medicines and Related Substances Control Act, 101 of 1965, by failing to lock away schedule 6 medicines and failing to balance the schedule 6 register.
  6. In terms of Section 22A (5) (b) of the Medicines and Related Substances Act, 101 of 1965, by dispensing medicine without a valid prescription.

The CFI sentenced Mr Cara in terms of Regulation 18 of the Regulations relating to conduct of inquiries held in terms of Chapter V of the Pharmacy Act, as follows:

  1. A fine in the amount of R10 000 of which R5 000 is payable immediately and R5 000 is suspended for a period of three years on condition that Mr Cara not be found guilty of any similar or related offence; and
  2. A cost order in the amount of R12 785,11.

Niel Oswald Shaw (P17146)

Mr Shaw, a pharmacist, was found guilty in terms of Rule 9 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps read with Rule 1.3 of the Rules relating to Code of Conduct for pharmacists and other persons registered in terms of the Pharmacy Act, 53 of 1974, of disclosing a patient’s confidential information.

The CFI sentenced Mr Shaw in terms of Regulation 18 of the Regulations relating to conduct of inquiries held in terms of Chapter V of the Pharmacy Act, as follows:

  1. A caution; and
  2. A cost order in the amount of R12 785,11.

1 December 2017e-Pharmaciae Vol 4 No 2
Google+shareTwittertweetFacebookshare

Other "related" articles in this edition

SAPC Registrar
Message from the Registrar
1 December 2017
SAPC - President
Message from the President
1 December 2017
SAPC - Council Meeting July 2017
Council Decisions (July 2017)
1 December 2017
SAPC - Pharmacist of the Future
Shaping the pharmacist of the future
1 December 2017
Pharmacy Month Sep 2017
September was National Pharmacy Month 2017
1 December 2017
SAPC - Elections 2018
Approaching Council Elections 2018
1 December 2017
SAPC - Fees payable to Council
2018 Fees payable to Council
1 December 2017
SAPC - Community Service
Understanding the process of release from community service
1 December 2017
Pharmaciae - SAPC - Students
Council increases pre-registration examination opportunities
1 December 2017
SAPC - Pharmaciae - CPD
The importance of Continuing Professional Development (CPD) for the pre-registration year
1 December 2017
SAPC - Compliance, Monitoring, Training
Out with ‘inspectors’, in with compliance, monitoring and training officers
1 December 2017
SAPC - Section 22 of the Pharmacy Act
The implications of amendments to Section 22 of the Pharmacy Act and new ownership regulations on “pre-May 2003” pharmacies
1 December 2017
SAPC - Workshop
SAPC to host 2018 intern workshops
1 December 2017
SAPC - Team Updates
Appointments, promotions and resignations
1 December 2017
SAPC - Legislation
Keeping up to date with legislation
1 December 2017
SAPC takes services to the profession at the Clicks and Gauteng Pharmacist’s Assistants conferences
1 December 2017
SAPC - extends moratorium on fee increases for students
Fees not increased for students and pharmacy support learners
1 December 2017
SAPC - Registered Assessors
List of Registered Assessors
1 December 2017
SAPC - Approved Providers and Courses
List of Approved Providers and Courses
1 December 2017
Best Wishes
Vacancies
Elections 2018
3rd NPC 2019
Service Delivery Survey
Service Delivery Survey
Advertise on ePharmaciae
ePharmaciae - Rate Card
Copyright © 2014 - 2019 The South African Pharmacy Council. All rights reserved. | Customer Care: Tel: 0861 7272 00 * Fax: +27(0)12 321 1492

EMS Login