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Committee of Formal Inquiry metes out sentences to pharmacists found guilty of unprofessional conduct

Committee of Formal Inquiry metes out sentences to pharmacists found guilty of unprofessional conduct

Committee of Formal Inquiry metes out sentences to pharmacists found guilty of unprofessional conduct

The South African Pharmacy Council through its legislatively mandated roles is responsible to ensure that pharmacy professionals conduct themselves in line with universally accepted standards of pharmacy practice so as to guarantee quality pharmaceutical services for South Africans, and to uphold the good image of the profession. The Committee of Formal Inquiry investigates alleged misconduct by pharmacy professionals and facility owners, and institute various penalties on those found guilty – these can range from a fine, 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, 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

Nkosinathi Master Cecil Zulu (P14510)

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

  1. In terms of section 22 of the Pharmacy Act, by failing to have a Responsible Pharmacist registered with the South African Pharmacy Council.
  2. In terms of Regulation 22 of the Regulations relating to the practice of pharmacy, by operating a pharmacy without a pharmacist present.
  3. Shortcomings in terms of the Rules relating to good pharmacy practice.

The CFI sentenced Mr Zulu in terms of Regulation 18 of the Regulations relating to conduct of inquiries held in terms of Chapter V of the Pharmacy Act, to a fine of R35 000,00, R10 000,00 of which was wholly suspended for a period of twenty-four months 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 897,26.

Cornel Du Preez (P16148)

Ms Du Preez, a pharmacist, was found guilty in terms of Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by failing to put systems in place to ensure that persons employed in her pharmacy do not contravene any provisions of the Pharmacy Act and the Medicines and Related Substances Act, by selling medications in large quantities.

The CFI sentenced Ms Du Preez in terms of Regulation 18 of the Regulations relating to conduct of inquiries held in terms of Chapter V of the Pharmacy Act, to a fine of R25 000,00, half of which is suspended for a period of twenty-four months 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 897,26.

Dacius Mabunda (P26661)

Mr Mabunda, 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 section 22(4) & (5) of the Pharmacy Act, by failing to have a Responsible Pharmacist registered with the South African Pharmacy Council.
  3. In terms of Regulation 18 of the Pharmacy Act, by allowing unregistered persons to perform acts falling within the scope of practice of pharmacists.
  4. Shortcomings in terms of the Rules relating to good pharmacy practice.

The CFI sentenced Mr Mabunda 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 R40 000,00, R10 000,00 of which is suspended for a period of twenty-four 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 897,26.

Sive Tutu (P35748)

Ms Tutu, a pharmacist, was found guilty in terms of Rule 4(a) of the Rules relating to acts and omissions in respect of which Council may take disciplinary steps, by failing to supervise a pharmacist’s assistant which resulted in a dispensing error.

The CFI sentenced Ms Tutu 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 R15 000,00 which sentence is suspended for a period of twelve months on condition that she is not found guilty of a similar offence during the period of suspension, as well as a cost order of R12 897,26.