Pharmacists and Pharmacy Support Personnel found guilty by Committee of Formal Inquiry

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

Sepeng Abram Pleasure Mashiloane (P08025)

Mr Mashiloane, a pharmacist, was found guilty in terms of Rule 2 (a) of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, of substituting a medicine or ingredient of a medicine in a prescription without first obtaining approval from the prescribing doctor.

The CFI sentenced Mr Mashiloane 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 R1 000 and a cost order of R12 753, which fine and cost order is wholly suspended on condition that Mr Mashiloane submit himself to the Health Committee within the following six months.

Thandeka Nombuso Nxumalo (P42176)

Ms Nxumalo, a pharmacist’s assistant (learner 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 minor dispensing error.

The CFI cautioned Ms Nxumalo in terms of section 45 (1) (a) of the Pharmacy Act, 53 of 1974.

Patrick Mbongiseni Butelezi (P21043)

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

In terms of Rule 4 (a) of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps read with section 30 of the Pharmacy Act, 53 of 1974, for a dispensing error.
In terms of Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, allowing and/or encouraging a pharmacist’s assistant to act outside of her scope of practice.

The CFI sentenced Mr Butelezi 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 R25 000 as well as a cost order of R12 753.

Terrecia Spilile Xulu (P28828)

Ms Xulu, a pharmacist, was found guilty of the following charges:

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, conducting a pharmacy without the direct supervision of a pharmacist.
In terms of section 22A (5) (b) of the General Regulations published under the Medicines and Related Substances Act, Act 101 of 1965, dispensing scheduled substances by taking prescription shortcuts, including invalid prescriptions.
In terms of Rule 18 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, allowing unqualified and/or unregistered persons to perform acts specifically pertaining to the scope of practice of a pharmacist.
In terms of Rule 23 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, selling or promoting the sale of medicines in a manner that had its aim or may be interpreted or regarded as having its aim, the promotion of the misuse or abuse or the detrimental or injudicious or unsafe use of medicines.
In terms of Rule 10 of the Rules relating to acts or omissions in respect of which Council may take disciplinary steps, bringing the profession into disrepute by allowing unregistered persons to perform the scope of a pharmacist.

The CFI sentenced Ms Xulu in terms of Regulation 18 of the Regulations relating to conduct of inquiries held in terms of Chapter V of the Pharmacy Act, Act 53 of 1974 as follows:

Suspended from practising for a period of one year, which sentence was suspended for one year on condition that Ms Xulu not be found guilty of any similar or related offence.
A fine in the total amount of R35 500.
A cost order in the amount of R12 753.

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