This is the version of this Act as it was from 29 July 2004 to 5 September 2018. Read the latest available version.
Related documents
- Is amended by Pharmacy Amendment Act, 2018
- Is commenced by Commencement of the Pharmacy Act, 2004
Pharmacy Act, 2004
Act 9 of 2004
- Published in Government Gazette 3250 on 29 July 2004
- Assented to on 13 July 2004
- Commenced on 1 October 2004 by Commencement of the Pharmacy Act, 2004
- [This is the version of this document as it was from 29 July 2004 to 5 September 2018.]
Part I – INTERPRETATION
1. Definitions
In this Act, unless the context otherwise indicates -“annual fee” means the annual fee determined by the Council in terms of section 28(1)(b);“appeal committee” means the appeal committee established by the Council in terms of section 12(3)(a);“certificate of status” means a certificate setting out the information referred to in section 30(2);“continuing professional development” means the continuing professional development contemplated in section 32;“commencement date” means the date of commencement of this Act;“committee” means a committee established in terms of section 12;“community pharmacy” means a pharmacy where business is conducted with, and medicines supplied to, the public, and “community pharmacist” has a corresponding meaning;“Council” means the Pharmacy Council of Namibia established by section 3;“dentist” means a person registered as such in terms of the Medical and Dental Act, 2004;“educational institution” means any university, college, technical college, technikon, training facility, or other similar or related institution where a qualification can be obtained which complies with the requirements of a prescribed qualification contemplated in section 18;“education committee” means the education committee established in terms of section 12(4)(a);“executive committee” means the executive committee established in terms of section 12(1)(a);“fees”, in relation to an application, means the fees relating to the application concerned determined by the Council in terms of section 28(1)(a), and “application fees” has a corresponding meaning;“former Pharmacy Board” means the Pharmacy Board established by section 2 of the Pharmacy Professions Act, 1993 (Act No. 23 of 1993), and in existence immediately before the commencement date, and “former Board” has a corresponding meaning;“inquiry” means a professional conduct inquiry in terms of PART VI;“Interim Council” means the Interim Council established in terms of section 70;“in writing”, relating to any notice to be given, includes a notice, a record, the agenda or the minutes of a meeting, or an extract therefrom, sent, delivered or dispatched to the intended recipient by hand, by registered post or by means of facsimile or e-mail, or in any prescribed manner, addressed to the applicable address furnished in writing by that intended recipient, or which has been entered into the register in which the name of the registered person concerned appears;“legal practitioner” means a legal practitioner as defined in section 1 of the Legal Practitioners Act, 1995 (Act No. 15 of 1995);“medical practitioner” means a person registered as such in terms of the Medical and Dental Act, 2004;“medicine” means a medicine as defined in section 1 of the Medicines and Related Substances Control Act, 2003 (Act No. 13 of 2003);“member of the Council” means a member of the Council appointed, designated or elected, as the case may be, in terms of section 7;“Minister” means the Minister responsible for Health;“Ministry” means the Ministry responsible for Health;“other examining authority” means an examining authority recognised by the Minister in terms of section 18(4);“Permanent Secretary” means the Permanent Secretary of the Ministry responsible for Health;“pharmaceutical care” means the assessment and determination of the medicinal needs of a person and the provision of the medicine required by that person and of the necessary services and relevant information before, during and after the treatment concerned, in order to assure the optimally safe and effective treatment of such person to improve that person’s quality of life, and includes a feedback mechanism to facilitate the continuity of such care by the person who provides it;“pharmaceutical technician” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 71;“pharmacist” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 71;“pharmacist intern” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 71;“pharmacist’s assistant” means any person registered as such in terms of this Act, or regarded to be so registered in terms of section 71;“pharmacy” means any place in which any act specifically pertaining to the profession of a pharmacist is performed;“pharmacy business” means the business conducted by a pharmacist in terms of this Act, and “business of a pharmacist” has a corresponding meaning;“practise”, in relation to a profession to which this Act applies, includes the taking up of employment where any act specially pertaining to such profession is performed;“preliminary investigation committee” means the preliminary investigation committee established in terms of section 12(5)(a);“prescribe” -(a)in relation to medicine, means the prescription of a medicine by a person lawfully authorised to prescribe such medicine for consumption by a person, and “prescribed medicine” or “prescription” has a corresponding meaning; and(b)if not used in relation to medicine, means prescribed by regulation;“president” means the president of the Council elected in terms of section 10;“profession” means any of the professions referred to in section 17(1);“professional conduct committee” means the professional conduct committee established by the Council in terms of section 12(2)(a);“professional conduct inquiry” means an inquiry in terms of PART VI;“public holiday” means a public holiday referred to in, or declared under, section 1 of the Public Holidays Act, 1990 (Act No. 26 of 1990);“qualification” means any degree, diploma or certificate conferred upon a person after having been examined in respect of that person’s proficiency in a particular field of study;“register” -(a)when used as a verb, means to register in terms of any of the applicable sections of this Act, and “registration” has a corresponding meaning; and(b)when used as a noun, means a register referred to in section 25;“registered person”, in relation to any profession to which this Act applies, means a person who is registered in terms of section 22 in respect of such profession, or who is regarded to be so registered in terms of section 71;“registrar” means the person appointed in terms of section 14(1) as the registrar of the Council and of the Councils established by law for the social work and psychology professions, the medical and dental professions, the nursing profession and the allied health professions, or the staff member referred to in section 71(7) acting as the registrar;“registration certificate” means a registration certificate issued in terms of the applicable section of this Act;“regulation” means any regulation made or in force in terms of this Act;“repealed Act” means the repealed Pharmacy Profession Act, 1993 (Act No. 23 of 1993);“rule” means any rule made by the Council in terms of section 67;“scheduled substance” means any medicine or other substance included in any Schedule to the Medicines and Related Substances Control Act, 2003 (Act No. 13 of 2003);“staff member” means a staff member as defined in section 1(1) of the Public Service Act, 1995 (Act No. 13 of 1995);“student” means any person registered as such in terms of this Act, or regarded to be so registered in terms of section 71;“this Act” includes the regulations and the rules;“unprofessional conduct” means improper or dishonourable or unworthy conduct, or conduct which, when regard is had to the profession of the person who is registered in terms of this Act, is improper or disgraceful or dishonourable or unworthy, and includes acts and omissions specified in terms of section 45;“unregistered person”, in relation to any profession to which this Act applies, means a person who is not registered in terms of section 22 in respect of such profession, or who is not regarded to be so registered in terms of section 71, and “a person not registered” has a corresponding meaning;“veterinarian” means a veterinarian as defined in section 1(xii) of the South West African Veterinary Council Proclamation, 1984 (Proclamation No. AG. 14 of 1984); and“vice-president” means the vice-president of the Council elected in terms of section 10.2. Application of Act
This Act applies to the professions mentioned in sections 17(1).Part II – ESTABLISHMENT, OBJECTS, FUNCTIONS AND POWERS OF THE PHARMACY COUNCIL OF NAMIBIA
3. Establishment of Pharmacy Council of Namibia
4. Succession from former Board to Council
5. Objects of Council
The objects of the Council are -6. Powers of Council
7. Composition of Council
8. Disqualification to be member of Council
A person does not qualify to be a member of the Council in terms of section 7, if that person -9. Vacation of office by members of Council and filling of vacancies
10. President and vice-president of Council
11. Meetings and decisions of Council
12. Executive committee, professional conduct committee, appeal committee, education committee, and other committees
13. Funds of Council
14. Appointment of registrar and staff
15. Powers, duties and functions of registrar
Part III – EDUCATION, TUITION, TRAINING, QUALIFICATIONS AND REGISTRATION
16. Control over education and training
17. Registration prerequisite for practising
18. Minimum requirements of study for registration
19. Practical training prerequisite for registration as pharmacist
20. Registration of pharmacist’s assistant and pharmaceutical technician
21. Application for registration
22. Procedures relating to registration
23. Conditional registration
24. Registration of person registered conditionally
Any person registered conditionally in terms of section 23 may apply to the Council, as soon as he or she has complied with that section and the conditions specified in the conditional registration certificate concerned, for registration in terms of section 22.25. Keeping of registers
26. Removal of name from register and effect of such removal
27. Restoration of name to register
28. Fees payable to Council and maintaining of registration by registered person
29. Register as proof
30. Certificate of status and extract from register
31. Registration of additional qualifications and specialities
32. Continuing professional development
33. Temporary registration for purposes of educational demonstrations or training
34. Educational institutions to furnish particulars
35. Private company conducting business as pharmacist
36. Close corporation conducting business as pharmacist
37. Ownership of pharmacy by person other than pharmacist, private company or close corporation
The Minister may prescribe, on the recommendation of the Council -38. Further conditions pertaining to pharmacy owned by person other than pharmacist
Part IV – CONDUCT OF PHARMACEUTICAL PRACTICE
39. Pharmacy to be conducted under continuous supervision of pharmacist
40. Restriction in respect of business names
41. Continuation of business of pharmacist by executor, trustee, liquidator or curator
Notwithstanding anything in this Act -42. Inspection of pharmacy practices
Part V – OFFENCES BY UNREGISTERED PERSONS
43. Penalties for practising as pharmacist or pharmacist intern, or for performing certain acts, while unregistered
44. Penalties for practising as a pharmacist’s assistant or pharmaceutical technician, or for performing certain acts, while unregistered
Part VI – DISCIPLINARY POWERS OF COUNCIL
45. Professional conduct rules by Council
46. Inquiry by Council into complaint, charge or allegation of unprofessional conduct
47. Procedures relating to professional conduct inquiry
48. Professional conduct inquiry in respect of registered person not to prejudice civil or criminal liability
49. Penalties for false evidence
Any person who gives false evidence on oath at any inquiry conducted in terms of this PART, knowing that evidence to be false, is guilty of an offence and on conviction liable to the penalties prescribed by law for the crime of perjury.50. Penalties by Council or professional conduct committee for unprofessional conduct
51. Postponement of imposition of penalty and suspension of execution of penalty
52. Effect of suspension or removal from register
53. Cognisance by Council of conduct of registered persons under certain circumstances
54. Pro forma complainants
55. Limitation of liability
Unless otherwise provided in this Act, the Minister, the Permanent Secretary, the Council or any committee thereof, any member of the Council or of any such committee, the Interim Council or any member thereof, any officer or employee of the Council, or the registrar, is not liable in respect of anything done or omitted to be done in good faith in the exercise of a power or the performance of a duty or function in terms of this Act, or anything that may result from anything so done or omitted.56. Investigation, assessment and powers of Council in respect of impaired registered persons
Part VII – GENERAL AND SUPPLEMENTARY PROVISIONS
57. Charges by pharmacists
58. Offences relating to registers, registration and impersonation
Any person who -59. Commission on prescriptions
60. Limitations in respect of unregistered persons and proof of registration for issue of licences
61. Matters relating to investigations and inspections
62. Licensing of pharmacist under Medicines and Related Substances Control Act
Notwithstanding the provisions of section 31 of the Medicine and Related Substances Control Act, 2003 (Act No. 13 of 2003) a pharmacist may only be licensed in terms of that Act upon the written approval of the Council confirming that the Council is satisfied that that pharmacist is competent to clinically assess and treat physical and mental deficiencies in persons in the ordinary course of the practising of his or her profession.63. Appeals to appeal committee
64. Appeals to High Court
65. Delegation of powers
66. Regulations
67. General rules by Council
68. Offences and penalties
Any person convicted of any offence in terms of -69. Authorisation to practise professions in employment of State
70. Establishment of Interim Council
71. Transitional provisions
72. Repeal of laws and savings
73. Short title and commencement
This Act is called the Pharmacy Act, 2004, and will come into operation on a date to be determined by the Minister by notice in the Gazette.History of this document
06 September 2018
Amended by
Pharmacy Amendment Act, 2018
Read this version
01 October 2004
Commenced by
Commencement of the Pharmacy Act, 2004
29 July 2004 this version
13 July 2004
Assented to
Subsidiary legislation
Cited documents 11
Legislation 11
- Abuse of Dependence-Producing Substances and Rehabilitation Centres Act, 1971
- Close Corporations Act, 1988
- Deeds Registries Act, 1937
- Hospitals and Health Facilities Act, 1994
- Legal Practitioners Act, 1995
- Magistrates Act, 2003
- Medicines and Related Substances Control Act, 2003
- Mental Health Act, 1973
- Public Accountants’ and Auditors’ Act, 1951
- Public Holidays Act, 1990
- Public Service Act, 1995
Documents citing this one 81
Discussion Paper 1
Gazette 72
- Namibia Government Gazette dated 2004-07-29 number 3250
- Namibia Government Gazette dated 2004-10-01 number 3291
- Namibia Government Gazette dated 2004-10-04 number 3293
- Namibia Government Gazette dated 2006-09-07 number 3693
- Namibia Government Gazette dated 2007-02-22 number 3795
- Namibia Government Gazette dated 2007-03-15 number 3804
- Namibia Government Gazette dated 2007-12-03 number 3945
- Namibia Government Gazette dated 2007-12-13 number 3951
- Namibia Government Gazette dated 2007-12-28 number 3968
- Namibia Government Gazette dated 2008-02-27 number 4000
- Namibia Government Gazette dated 2008-06-18 number 4068
- Namibia Government Gazette dated 2008-07-25 number 4088
- Namibia Government Gazette dated 2008-08-18 number 4103
- Namibia Government Gazette dated 2008-11-17 number 4166
- Namibia Government Gazette dated 2010-05-11 number 4482
- Namibia Government Gazette dated 2010-11-08 number 4600
- Namibia Government Gazette dated 2010-12-21 number 4633
- Namibia Government Gazette dated 2012-08-31 number 5023
- Namibia Government Gazette dated 2012-11-01 number 5069
- Namibia Government Gazette dated 2012-12-31 number 5115
- Namibia Government Gazette dated 2013-01-15 number 5119
- Namibia Government Gazette dated 2013-02-22 number 5139
- Namibia Government Gazette dated 2013-03-28 number 5160
- Namibia Government Gazette dated 2013-09-09 number 5281
- Namibia Government Gazette dated 2013-09-30 number 5303
- Namibia Government Gazette dated 2013-11-04 number 5331
- Namibia Government Gazette dated 2013-11-05 number 5332
- Namibia Government Gazette dated 2013-11-06 number 5333
- Namibia Government Gazette dated 2013-11-12 number 5338
- Namibia Government Gazette dated 2013-11-12 number 5339
- Namibia Government Gazette dated 2013-11-12 number 5340
- Namibia Government Gazette dated 2013-11-12 number 5341
- Namibia Government Gazette dated 2013-11-12 number 5342
- Namibia Government Gazette dated 2014-03-14 number 5425
- Namibia Government Gazette dated 2014-07-09 number 5502
- Namibia Government Gazette dated 2014-07-09 number 5503
- Namibia Government Gazette dated 2014-07-25 number 5515
- Namibia Government Gazette dated 2014-09-15 number 5559
- Namibia Government Gazette dated 2014-10-17 number 5591
- Namibia Government Gazette dated 2014-12-31 number 5644
- Namibia Government Gazette dated 2015-05-18 number 5740
- Namibia Government Gazette dated 2015-05-20 number 5742
- Namibia Government Gazette dated 2015-09-01 number 5818
- Namibia Government Gazette dated 2015-09-16 number 5831
- Namibia Government Gazette dated 2015-12-07 number 5898
- Namibia Government Gazette dated 2015-12-07 number 5899
- Namibia Government Gazette dated 2016-09-15 number 6125
- Namibia Government Gazette dated 2016-09-30 number 6135
- Namibia Government Gazette dated 2017-02-03 number 6230
- Namibia Government Gazette dated 2017-03-15 number 6263
- Namibia Government Gazette dated 2017-07-18 number 6361
- Namibia Government Gazette dated 2017-11-01 number 6456
- Namibia Government Gazette dated 2017-11-15 number 6470
- Namibia Government Gazette dated 2017-12-15 number 6489
- Namibia Government Gazette dated 2018-02-15 number 6527
- Namibia Government Gazette dated 2018-04-06 number 6564
- Namibia Government Gazette dated 2018-09-06 number 6704
- Namibia Government Gazette dated 2018-11-20 number 6770
- Namibia Government Gazette dated 2019-02-01 number 6836
- Namibia Government Gazette dated 2019-11-22 number 7061
- Namibia Government Gazette dated 2020-08-25 number 7318
- Namibia Government Gazette dated 2020-12-09 number 7410
- Namibia Government Gazette dated 2021-02-04 number 7453
- Namibia Government Gazette dated 2022-01-21 number 7728
- Namibia Government Gazette dated 2022-02-23 number 7754
- Namibia Government Gazette dated 2022-10-21 number 7934
- Namibia Government Gazette dated 2022-10-25 number 7936
- Namibia Government Gazette dated 2023-02-09 number 8028
- Namibia Government Gazette dated 2023-03-09 number 8044
- Namibia Government Gazette dated 2023-09-25 number 8220
- Namibia Government Gazette dated 2023-11-07 number 8252
- Namibia Government Gazette dated 2023-12-29 number 8286
Judgment 2
- Novecy Pharmacy CC v Minister of Health and Social Services and Others (HC-MD-CIV-MOT-GEN-2022/00031) [2024] NAHCMD 81 (4 March 2024)
- Pharmaceutical Society of Namibia v Pharmacy Council of Namibia (HC-MD-CIV-MOT-REV 507 of 2020) [2022] NAHCMD 588 (27 October 2022)