The Senior Resident Magistrate’s Court in Mangochi has ordered Mary Saidi, 25, and Molly Kainga 34 to pay a fine of K2,450,000 each for being found guilty of selling falsified injectable medicines falsely claimed to be a cure for HIV.
Senior Resident Magistrate Muhammad Chande convicted the two last week Thursday on their plea of guilty to six counts under the PMRA Act, No. 9 of 2019, and HIV and AIDS (Prevention & Management) Act of 9 of 2018.
The Court heard that the two convicts were found to be purchasing vials of gentamicin from pharmacies within Mangochi town.
Subsequently, they would remove the original labels from these vials using methylated spirit and replace them with counterfeit labels, branding the medicines as “Gammora HIV cure” which they later sold to unsuspecting HIV patients at prices ranging from K90,000 to K120,000 per “dose” of three ampoules.
In his ruling, Chande, while observing that the convicts’ behaviour was cruel with the potential to deter HIV patients from accessing effective treatment in preference of the false cure, said in coming up with its sentence the court had considered the fact that the two were first offenders and that they had expressed remorse of their action.
He then proceeded to order the two to pay K700, 000 each or in default serve 24 months imprisonment on the first count of tampering with medicine labels contrary to Section 106(1); on the second count of keeping medicines on unlicensed premises contrary to sections 86 and 95 (1b) of the Act, the two have been ordered to pay K350, 000 each or in default serve 12 months’ imprisonment.
On the third count of dealing in medical supplies without an appropriate pharmaceutical license contrary to section 56 of the PMRA Act, the two will pay K350, 000 each or in default serve six months’ imprisonment.
On the fourth count of advertising medicinal products without authorization contrary to Section 68 of the Act, they will also pay K350,000 each or in default serve 12 months’ imprisonment.
They will pay another K350,000 each or in default serve six months’ imprisonment for the fifth count of supplying prescription-only medicines without proper prescription.
The two were also ordered to pay another K350,000 each or in default serve 12 months imprisonment on the last count of proclaiming, publishing misleading, false or inaccurate information concerning HIV and AIDS contrary to section 25 of HIV and AIDS (Prevention & Management) Act.
Reacting to the ruling, PMRA Public Relations Officer Joseph Josiah said the Authority will review the sentence before deciding on the next course of action.
A joint investigation by Malawi Police Service (MPS) and Pharmacy and Medicines Regulatory Authority (PMRA) led to the arrest of the two early this month after Ticktok adverts in which the convicts claimed they had a permanent cure for HIV went viral.
During the investigation, PMRA also sealed two Mangochi pharmacies, namely Medgurus and Pharmacare, for being implicated in the illicit sale of injectable drugs in excess amounts to the two women without a prescription. Two personnel from these pharmacies and a graphic designer from Infinity Media Group where the stickers were being printed were also arrested.
Saidi comes from Kalonga Village, T/A Mponda in Mangochi district and Kainga is from Kalilombe Village, T/A Khumbila in Ntcheu.
