Unprofessional conduct

The Committee of Formal Inquiry (CFI) acts 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

Mr Tsepang Simon Theko (P25784)

Mr Theko, 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 Section 22 of the Pharmacy Act, 53 of 1974, by conducting the pharmacy without a pharmacist.
  3. 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 the scope of practice of a pharmacist.
  4. In terms of Section 22A(5)(b) of the Medicines and Related Substances Act, 101 of 1965, read with Regulation 39 of the General Regulations published under Act 101, by dispensing scheduled medicines in pre-packs without valid prescriptions.
  5. In terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by storing medicines belonging to the State in your fridge and not being able to provide proof of purchase of such medicines.
  6. In terms of Regulation 36(1) & (2) of the General Regulations published under Act 101, by not balancing your schedule 6 register properly.

The CFI sentenced Mr Theko 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 suspension from practicing as a pharmacist for a period of five years, of which three years is wholly suspended on condition that he not be found guilty of a similar offence during this period, as well as a caution and a fine of R50 000,00. Mr Theko is also liable for a cost order of R12 785,11.

Ms Florah Gloria Mathebe (P28720)

Ms Mathebe, a pharmacist, was found guilty in terms of Section 22 of the Pharmacy Act, 53 of 1974, of conducting a pharmacy without a pharmacist present.

The CFI sentenced Ms Mathebe 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 R100 000,00, of which R70 000,00 is suspended for a period of 5 years on condition that she is not found guilty of the same or similar offence during the period of suspension, and a cost order of R12 785,11.

Ms Sharon Hlatshwayo (P37665)

Ms Hlatshwayo, a Pharmacist’s Assistant (Post-Basic), was found guilty of the following charges:

  1. In terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by stealing scheduled medication valued at R8 317,44.
  2. In terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by ordering medication to the value of R46 468,64 for the pharmacy, which medication was never received by the pharmacy.
  3. In terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by ordering medication to the value of R4 626,86 for the pharmacy, which medication was never received by the pharmacy.
  4. In terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by ordering medication to the value of R46 268,60 for the pharmacy, which medication was never received by the pharmacy.
  5. In terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by ordering medication to the value of R61 691,52 for the pharmacy, which medication was never received by the pharmacy.
  6. In terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by ordering medication to the value of R61 691,52 for the pharmacy, which medication was never received by the pharmacy.
  7. In terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by ordering and receiving medication for the pharmacy without receipting the invoice, and for hiding the medication received.
  8. In terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by ordering medication to the value of R78 802,87 for the pharmacy, which medication was never received by the pharmacy.

The CFI sentenced Ms Hlatshwayo 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 Council for a period of 4 years, of which 3 years are suspended on condition that she is not found guilty of the same or similar offence during the period of suspension, as well as a cost order of R12 785,11.

Ms Tshilidzi Nematenda (P57744)

Ms Nematenda, a Pharmacist’s Assistant (Post-Basic), was found guilty in respect of the following charges:

  1. In terms of Rule 10 of the Rules relating to the acts or omissions in respect of which Council may take disciplinary steps, for stealing or aiding in the theft of medication from the pharmacy.
  2. In terms of Rule 10 of the Rules relating to the acts or omissions in respect of which Council may take disciplinary steps, for conspiring to order medication to the value of R46 468,64 for the pharmacy, which medication was not received by the pharmacy.
  3. In terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, for conspiring to order medication to the value of R4 626,86 for the pharmacy, which medication was not received by the pharmacy.
  4. In terms of Rule 10 of the Rules relating to the acts or omissions in respect of which Council may take disciplinary steps, for conspiring to order medication to the value of R46 268,60 for the pharmacy, which medication was not received by the pharmacy.
  5. In terms of Rule 10 of the Rules relating to the acts or omissions in respect of which Council may take disciplinary steps, for conspiring to order medication to the value of R61 691,52 for the pharmacy, which medication was not received by the pharmacy.
  6. In terms of Rule 10 of the Rules relating to the acts or omissions in respect of which Council may take disciplinary steps, for conspiring to order medication to the value of R61 691,52 for the pharmacy, which medication was not received by the pharmacy.

The CFI sentenced Ms Nematenda 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 Pharmacist’s Assistants (Post-Basic) for a period of four years, of which three years are suspended on condition that she is not found guilty of the same or similar offence during the period of suspension, as well as a cost order of R12 785,11.

Mr Nare Alex Tshokwe (P27303)

Mr Tshokwe, a pharmacist, has been found guilty in terms of Section 22(2) of the Pharmacy Act, 53 of 1974, for relocating to a different business address without the necessary approval from Council.

The CFI sentenced Mr Tshokwe 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 R30 000,00, of which R20 000,00 is suspended for a period of five years 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 Romy Hamrajh Jeawon (P05847)

Mr Jeawon, a pharmacist, has been found guilty in respect of shortcomings in terms of the Rules relating to good pharmacy practice.

The CFI sentenced Mr Jeawon 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 R20 000,00, of which R15 000 is suspended for a period of three years 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.

Ms Terri Shiralee Ann Sharp (P11490)

Ms Sharp, a pharmacist, has been 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) of the Pharmacy Act, 53 of 1974, read with Regulation 22 of the Regulations relating to the practice of pharmacy, by relocating a pharmacy without informing Council.

The CFI sentenced Ms Sharp 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 000,00, of which R15 000,00 is suspended for a period of three years 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.

Mr Kennedy Timothy Lebogang Mahoko (P24717)

Mr Mahoko, a pharmacist, has been found guilty in terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, for submitting claims to medical aids under various patient profiles when no service was rendered.

The CFI sentenced Mr Mahoko 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 R50 000,00, of which R25 000,00 is suspended for a period of three years 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.

Ms Mmakoma Sinah Malatji (P23252)

Ms Malatji, a pharmacist, has been found guilty in respect of the following charges:

  1. In terms of Section 22 of the Pharmacy Act, 53 of 1974, 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 which fall under the scope of practice of a pharmacist.
  3. In terms of Rule 4(1) of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, read with Rule 2.7.3.9 of the Rules relating to good pharmacy practice, for failing to dispose of expired medication.

The CFI sentenced Ms Malatji 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 R30 000, of which R15 000,00 is suspended for a period of one year 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 785,11.

Mr Lesiba Linock Ramasobana (P24632)

Mr Ramasobana, a pharmacist, has been found guilty in respect of the following charges:

  1. Shortcomings in terms of the Rules relating to good pharmacy practice.
  2. 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 supervise a Pharmacist’s Assistant (Basic) when dispensing medication to the public.
  3. In terms of Section 22 of the Pharmacy Act, 53 of 1974, by operating a pharmacy without a pharmacist present.
  4. 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.

The CFI sentenced Mr Ramasobana 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 R30 000,00 and a cost order of R12 785,11.

Mr Rama Chandra Murthy Kandepu (P39859)

Mr Kandepu, a Responsible Pharmacist, has been 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 of the Pharmacy Act, 53 of 1974, by conducting a pharmacy without a pharmacist.
  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 allowing unregistered persons access to scheduled medicines.

The CFI sentenced Mr Kandepu 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 R50 000,00, of which R25 000,00 is suspended on condition that he not be found guilty of a similar offence during the period of suspension, as well as a cost order of R12 785,11.

Ms N Shwale

Ms Shwale, a pharmacy owner, has been 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 of the Pharmacy Act, 53 of 1974, by conducting a pharmacy without a pharmacist.

The CFI sentenced Ms Shwale 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 R40 000,00 and a cost order of R12 785,11.

Mr Rider Baloyi (P41632)

Mr Baloyi, a pharmacist, has been found guilty of the following charges:

  1. In terms of Section 22 of the Pharmacy Act, 53 of 1974, by conducting 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, by allowing unregistered persons to perform the scope of practice of a pharmacist.

The CFI sentenced Mr Baloyi 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 R40 000,00, of which R20 000,00 is suspended for 2 years 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.

Ms Geetika Sharma (P28590)

Ms Sharma, a Responsible Pharmacist, has been found guilty of the following charges:

  1. In terms of Section 22 of the Pharmacy Act, 53 of 1974, by conducting a pharmacy without a pharmacist.
  2. In terms of Rule 12 read with Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by colluding with and allowing an unregistered person to perform the scope of practice of a pharmacist.
  3. 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 supervise pharmacy support personnel.
  4. In terms of Rule 1.7.3.9(a) of the Rules relating to good pharmacy practice, by failing to set aside and dispose of expired medicines.

The CFI sentenced Ms Sharma 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 R55 000,00 and a cost order of R12 785,11.

Mr Charles Simelane

Mr Simelane, a pharmacy owner, has been found guilty of the following charges:

  1. Shortcomings in terms of the Rules relating to good pharmacy practice.
  2. In terms of Section 22 of the Pharmacy Act, 53 of 1974, by operating a pharmacy without a pharmacist.
  3. In terms of Section 22 of the Pharmacy Act, 53 of 1974, failing to register a Responsible Pharmacist with Council.
  4. In terms of Rule 4(c) 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 Simelane in terms of Regulation 18 of the Regulations relating to the conduct of inquiries held in terms of Chapter V of the Pharmacy, 53 of 1974, to a fine of R100 000,00 and a cost order of R12 785,11.

Mr Dirk Johannes Albertus Gerhardus Du Toit (P03226)

Mr Du Toit, a Responsible Pharmacist, has been 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, by dispensing the incorrect medication.

The CFI sentenced Mr Du Toit 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 R20 000,00 and a cost order of R12 785,11.

Mr Richard Marema

Mr Marema, a pharmacy owner, has been found guilty in terms of Section 22 of the Pharmacy Act, 53 of 1974, by operating a pharmacy without a pharmacist.

The CFI sentenced Mr Marema 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 R25 000,00 and a cost order of R12 785,11.

Ms Nokuphiwa Gladness Sithole (P38924)

Ms Sithole, a Pharmacist’s Assistant (Post-Basic), has been 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, by dispensing the incorrect medication.

The CFI sentenced Ms Sithole 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 R20 000,00, of which R10 000,00 is suspended for a period of one year on condition that she is not found guilty of the same or similar offence during the period of suspension, as well as a cost order of R12 785,11.

Ms Deirdre Lynne Bothma (P01289)

Ms Bothma, a Responsible Pharmacist, has been 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, by dispensing the incorrect medication.

The CFI sentenced Ms Bothma 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 R20 000,00, of which R10 000,00 is suspended for a period of one year on condition that she is not found guilty of the same or similar offence during the period of suspension, as well as a cost order of R12 785,11.

Mr KS Nthite

Mr Nthite, a pharmacy owner, has been found guilty of the following charges:

  1. Shortcomings in terms of the Rules relating to good pharmacy practice.
  2. In terms of Section 22 of the Pharmacy Act, 53 of 1974, by operating a pharmacy without a pharmacist.
  3. In terms of Regulations 35 and 36 of the General Regulations published under the Medicines and Related Substances Act, 101 of 1965, by failing to keep an up-to-date record of schedule 5 medicines and a register in terms of schedule 6 medicines.
  4. 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 the acts pertaining to the scope of practice of a pharmacist.

The CFI sentenced Mr Nthite 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 R85 000,00, of which R20 000,00 is suspended for a period of one year on condition that he is not found guilty of the same or similar offence during the period of suspension, as well as a cost order of R12 785,11.

Mr T Rikhotso

Mr Rikhotso, a pharmacy owner, has been found guilty in terms of Section 22 of the Pharmacy Act, 53 of 1974, by operating a pharmacy without a Responsible Pharmacist.

The CFI sentenced Mr Rikhotso 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 R25 000,00 and a cost order of R12 785,11.

Mr Mahomed Asif Mahomed (P17337)

Mr Mahomed, a Responsible Pharmacist and pharmacy owner, has been 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, read with Regulation 36(b) & (c) of the General Regulations published under Act 101, by failing to update the schedule 6 register.
  3. In terms of Rule 18 of the Rules relating to acts or omission in respect of which Council may take disciplinary steps, by allowing a Pharmacist’s Assistant to perform the acts falling under the scope of practice of a pharmacist.
  4. In terms of Regulation 10(5) of the General Regulations published under the Medicines and Related Substances Act, 101 of 1965, by dispensing medicines labelled under a different pharmacy name.

The CFI sentenced Mr Mahomed 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 R65 000,00, of which R5 000,00 is suspended for a period of one year on condition that he is not found guilty of the same or similar offence during the period of suspension, as well as a cost order of R12 785,11.

Ms Phillona Pillay (P43703)

Ms Pillay, a Responsible Pharmacist, has been found guilty of the following charges:

  1. Shortcomings in terms of the Rules relating to good pharmacy practice.
  2. In terms of Rule 4(c) 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.
  3. In terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, by allowing unregistered persons to perform the acts specifically pertaining to the scope of practice of a pharmacist.
  4. In terms of Regulation 35(1) and (2) of the General Regulations published under the Medicines and Related Substances Act, 101 of 1965, by failing to record the sale of schedule 1 and 2 medicines.

The CFI sentenced Ms Pillay 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 R40 000,00, of which R20 000,00 is suspended for a period of one year on condition that she is not found guilty of the same or similar offence during the period of suspension, as well as a cost order of R12 785,11.

Ms Phomelelo Sepeke Kgwedi (P58187)

Ms Kgwedi, a Pharmacist Intern, 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, by failing to adhere to the declaration of the pre-registration examination.

The CFI sentenced Ms Kgwedi 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 caution and a cost order of R12 785,11.

Ms Kemokgopetse Gloria Moetlo (P58260)

Ms Moetlo, a Pharmacist Intern, 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, by failing to adhere to the declaration of the pre-registration examination.

The CFI sentenced Ms Moetlo 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 caution and a cost order of R12 785,11.

Mr Fhatani Nemukula (P58227)

Mr Nemukula, a Pharmacist Intern, 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, by failing to adhere to the declaration of the pre-registration examination.

The CFI sentenced Mr Nemukula 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 caution and a cost order of R12 785,11.

Ms Mampetsana Precious Mojapelo (P54653)

Ms Mojapelo, a Pharmacist Intern, 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, by failing to adhere to the declaration of the pre-registration examination.

The CFI sentenced Ms Mojapelo 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 caution and a cost order of R12 785,11.

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