Unprofessional conduct

The Committee of Formal Inquiry (CFI) takes action against unprofessional conduct

Council robustly guards the public’s right to quality pharmaceutical services, while upholding the good image of the pharmacy profession, by investigating alleged unprofessional conduct by registered persons and bringing disciplinary processes against those found to be endangering public health and/or bringing into disrepute the good name of the pharmacy profession. Regulation 26 of the Regulations relating to the conduct of inquiries held in terms of Chapter V of the Pharmacy Act, 53 of 1974, requires that sanctions issued by a committee of formal inquiry be published by the SAPC periodically.

The South African Pharmacy Council (SAPC) is legislatively mandated to protect the public’s right to quality pharmaceutical care and to uphold the good image of the pharmacy profession. To achieve this end, 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

Ms Monia Maria Gagiano (P16562)

Ms Gagiano, a Pharmacist’s Assistant (Post-Basic), was found guilty of contravening Rule 4 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by acting outside of her scope of practice.

The CFI sentenced Ms Gagiano 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 Pharmacist’s Assistants for a period of three (3) years, which suspension is suspended for a period of 12 months on condition that she is not found guilty of the same or similar offences during the period of suspension, and a cost order of R12 785,11.

Mr Matamba Joe Kayeya (P44549)

Mr Kayeyea, 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.
  2. In terms of Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps read together with Regulations 9-15 of the Regulations relating to the practice of pharmacy, by allowing a Pharmacist’s Assistant to act outside of their scope of practice.
  3. In terms of Rule 23 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by allowing the sale of large quantities of codeine-containing medicines.

The CFI sentenced Mr Kayeya 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 three (3) years, which suspension is suspended for a period of 12 months on condition that he is not found guilty of the same or similar offence during the period of suspension, and a cost order of R12 785,11.

Mr Sengha Philippe Longhe (P17785)

Mr Longhe, a Responsible Pharmacist, was found guilty in terms of Section 22A(5)(b) of the Medicines and Related Substances Act, 101 of 1965, by allowing unauthorized persons to handle scheduled medicines.

The CFI sentenced Mr Marema in terms of Regulation 18 of the Regulations relating to the conduct of inquiries in terms of Chapter V of the Pharmacy Act, 53 of 1974, to be suspended from the register of pharmacists for a period of three (3) years, which suspension is suspended for a period of 12 months on condition that he is not found guilty of the same or similar offence during the period of suspension, and a cost order of R12 785,11.

Mr Albert Buti Mahlaola

Mr Mahlaola, a pharmacy owner, was found guilty in respect of the following charges:

  1. Shortcomings in terms of the Rules relating to good pharmacy practice.
  2. In terms of Section 22(4)(5) of the Pharmacy Act, 53 of 1974, by failing to register a Responsible Pharmacist with the South African Pharmacy Council.
  3. In terms of Regulation 22 of the Regulations relating to the practice of pharmacy, by conducting a pharmacy without a pharmacist.

The CFI sentenced Mr Mahlaola in terms of Regulation 18 of the Regulations relating to the conduct of inquiries in terms of Chapter V of the Pharmacy Act, 53 of 1974, to be removed from the register of owners for a period of ten (10) years, during which he is not entitled to remain or be registered as the owner of a pharmacy or hold any beneficial interest in a pharmacy until he is restored to such register after ten years, as well as a cost order of R12 785,11.

Mr Johann Adam Fourie (P16888)

Mr Fourie, a Responsible Pharmacist, was found guilty in terms of Rule 17 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by preventing or hindering Council from carrying out its statutory duty by refusing to allow a Council inspector to conduct an inspection.

The CFI sentenced Mr Fourie in terms of Regulation 18 of the Regulations relating to the conduct of inquiries in terms of Chapter V of the Pharmacy Act, 53 of 1974, to a fine of R25 000,00, as well as a cost order of R12 785,11.

Mr Paul Herve Noudem Jiofack (P42553)

Mr Jiofack, a Pharmacist Intern, has been found guilty in terms of Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps read together with Regulation 5 of the Regulations relating to the practice of pharmacy by acting outside of his scope of practice and dispensing medicines without the personal supervision of a pharmacist.

The CFI sentenced Mr Jiofack 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 R1 000,00, which fine is suspended for a period of 12 months on condition that he is not found guilty of the same or similar offence during the period of suspension, and a cost order of R12 785,11.

Mr Esaie Fossouo Touongbien (P37516)

Mr Touongbien, a Responsible Pharmacist, has been found guilty in respect of the following charges:

  1. Shortcomings in respect of the Rules relating to good pharmacy practice.
  2. In terms of Regulation 22 of the Regulations relating to the practice of pharmacy, by conducting a pharmacy without a pharmacist.
  3. In terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by using another pharmacy’s details to order large quantities of codeine-containing medicine.
  4. In terms of Regulation 35(2)(3)(d)(i)(e)(f) of the General Regulations published under the Medicines and Related Substances Act, 101 of 1965, by failing to properly record the sales of schedule 1 and 2 medicines in a prescription book or permanent record.
  5. In terms of Regulation 35(5) of the General Regulations published under the Medicines and Related Substances Act, 101 of 1965, by failing to keep a prescription record for five (5) years.
  6. In terms of Section 22A(5)(b) of the Medicines and Related Substances Act, 101 of 1965, by dispensing scheduled medicines without valid prescriptions.
  7. In terms of Regulation 35 of the General Regulations published under the Medicines and Related Substances Act, 101 of 1965, by falsifying records of prescriptions and pharmacist-initiated therapy.
  8. In terms of Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by allowing a Pharmacist Intern to act outside of their scope of practice.
  9. In terms of Rules 4(c) and 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by allowing unregistered persons access to scheduled medicines.

The CFI sentenced Mr Touongbien 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 R90 000,00, of which R45 000,00 is suspended for a period of 24 months on condition that she is not found guilty of a similar offence during the period of suspension, and a cost order of R12 785,11.

Share this article