Robust criminal justice response key to effective medicine regulatory enforcement 

An effective medicine regulatory enforcement which is well complemented by a robust criminal justice response has potential to effectively prevent and deter pharmaceutical crimes, Pharmacy and Medicines Regulatory Authority (PMRA) Director General Mphatso Kawaye has said.

Kawaye made the remarks on Thursday in Mzuzu at the start of a two-day sensitization workshop for Northern Region-based magistrates on the legal framework of the medicine regulatory system in Malawi. 

He reiterated that the country has a legislative framework to effectively prevent and respond to pharmaceutical criminal activities that are prevalent in the country including theft of medicines, illegal possession of medicines, trafficking of falsified and substandard medicines, and other related crimes. 

“The public health impact of these activities cannot be underestimated. Medicines that are unapproved, stolen or illicitly trafficked are usually sourced from non-compliant manufacturers, and transported and stored without regard to regulatory requirements.

“This practice affects medicine quality and ultimately result in poor treatment outcomes for patients. Also the theft of medicines from health facilities deprives legitimately deserving patients the right to life and good health,” said Kawaye calling for stiffer penalties for convicted pharmaceutical crime offenders. 

In her remarks, Guest of Honour and Chairperson of the Judiciary Training Committee, Justice Violet Chipao described the training as a significant step towards achieving collective understanding of the laws and regulations that govern the pharmaceutical sector in the country.

“As magistrates, your role is interpreting and enforcing this Act [PMRA Act, 2019]  is crucial. Your decisions directly impact public health and safety, making it imperative that you are well versed in the provisions and implications of this legislation,” said Justice Chipao.

She echoed Kawaye’s sentiments saying if sentences are not deterrent enough, the law loses its value as individuals who weigh the potential of the costs of the crime against the benefits of the crime before deciding to engage in criminal activity find it beneficial to engage in the criminal activity.

She emphasized that penalties imposed by the Courts in pharmaceutical related crimes ought to reflect the seriousness of the offenses. 

On his part, Association of Magistrates (AMA) President His Worship Kondani Chinangwa thanked PMRA for organsing the training workshop describing it as a good opportunity to provide insight into the work of magistrates in as far as handling of pharmaceutical crimes is concerned. 

The training workshop is the second following a similar one held in Mponela, Dowa on 3rd and 4th October, 2024, targeting magistrates from Central Region.