Professional Conduct & Legal Update

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

Leashen Subramoney (P17837)

Mr Subramoney, a pharmacist, pleaded guilty to the following charges:

Good Pharmacy Practice shortcomings
Failure to update the purchases and sales of all Schedule 6 medicines and substances in the appropriate register, as required by Regulation 30 of the General Regulations under the Medicines and Related Substances Act, 101 of 1965
Selling and/or dispensing medicine without a prescription.

The CFI sentenced Mr Subramoney in terms of Section 45 of the Pharmacy Act, to a combined fine totalling R10 000 and he was ordered to pay the relevant cost order.

Apiwe Maqaqa (P35991)

Ms Maqaqa, a pharmacist, was found guilty in absentia, in terms of Rule 10 of the Rules relating to acts or omissions in respect of which the Council may take disciplinary steps, whereby her conduct in misrepresenting her preregistration examination results to a potential employer was considered by the CFI to be of such a nature that it brought harm to the dignity and honour of the profession.

The CFI sentenced Ms Maqaqa in terms of Section 45 of the Pharmacy Act, to suspension from the register of pharmacists for a period of three years, which suspension was wholly suspended for a period of five years. Ms Maqaqa was ordered to pay the relevant cost order.

Lebogang Bridget Tsebe-Maseko (P16291)

Mrs Tsebe-Maseko, a pharmacist, pleaded guilty to the following charges:

Failure to supervise a pharmacist’s assistant (post-basic) under her supervision, which failure resulted in a dispensing error
In terms of Rule 1 of the Rules relating to acts or omissions in respect of which the Council may take disciplinary steps, failure to furnish advice and information to a patient on the safe and effective use of the medicines and thus not noticing the dispensing error of the pharmacist’s assistant.

The CFI sentenced Ms Tsebe-Maseko in terms of Section 45 of the Pharmacy Act, to a combined fine totalling R7 000 and she was ordered to pay the relevant cost order.

Malesela Enese Mongatane (P15294)

Mr Mongatane, a pharmacist’s assistant (post-basic), pleaded guilty to a dispensing error which resulted in alleged serious harm to a patient.

The CFI sentenced Mr Mongatane in terms of Section 45 of the Pharmacy Act, to a fine of R3 000 and he was ordered to pay the relevant cost order.

Mr Ismail Mall Mohamed (P07685)

Mr Mohamed, a pharmacist, pleaded guilty to the following charges:

Good Pharmacy Practice shortcomings
In terms of Rule 13 of the Rules relating to acts or omissions in respect of which the Council may take disciplinary steps, allowing a person not registered with the Council to conduct a separate business within a pharmacy without first obtaining the approval of Council.

Mr Mohamed was further found guilty on the following charges:

Being found guilty in the Specialised Commercial Trial Court of 6032 counts of contravening Section 66(1) of the Medical Schemes Act, 131 of 1998
Contravention of Regulation 22 of the Regulations relating to the practice of pharmacy by conducting a pharmacy without the supervision of a pharmacist
Failure to label medicines in accordance with Regulation 8 of the General Regulations under the Medicines and Related Substances Act, 101 of 1965
Contravention of Regulation 33(c) of the General Regulations under the Medicines and Related Substances Act, 101 of 1965, by performing acts of prepacking under the incorrect conditions, in contravention of Regulation 33(c).

The CFI sentenced Mr Mohamed in terms of Section 45 of the Pharmacy Act as follows:

In terms of the charge relating to the Specialised Commercial Trial Court and contravention of Section 66(1) of the Medical Schemes Act, Mr Mohamed was removed from the register of pharmacists, which sentence was wholly suspended for a period of five years
In respect of the remaining charges, fines totalling an amount of R56 500, and he was ordered to pay the relevant cost order.

Mr Nagien Nivneat Ranchod (P10347)

Mr Ranchod, a pharmacist, pleaded guilty to the two charges relating to the dispensing of Methotrexate without a valid prescription.

Mr Ranchod, was further found guilty on the following charges:

In terms of Rule 10 of the Rules relating to acts or omissions in respect of which the Council may take disciplinary steps by failing to assess the health condition of the patient before dispensing medicines to such patient
In terms of Rule 23 of the Rules relating to acts or omissions in respect of which the Council may take disciplinary steps, wherein Mr Ranchod sold or promoted the sale of medicines in a manner that did or could have amounted to the promotion of the misuse, abuse, detrimental, injudicious or unsafe use of medicines.

The CFI sentenced Mr Ranchod in terms of Section 45 of the Pharmacy Act, to a fine of R30 000 and he was ordered to pay the relevant cost order.

In conclusion, Council acknowledges that it is the minority of pharmacist and pharmacy support personnel who engage in conduct that gives rise to an inquiry in terms of Chapter V of the Pharmacy Act, and in particular matters that are adjudicated by a Committee of Formal Inquiry. However statistics show that crime, and in particular white collar crime, costs the country. In order to maintain universal standards of pharmacy the Council shall be employing an attitude of zero tolerance towards pharmacists and pharmacy support personnel that engage in criminal activity within the practice of pharmacy.

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