9th Interim Report - South Africa Government Online

(b) of the Medicines Related Substances Control Act 101 of 1965,
alternatively, contrary to Sections 4 (a) and (b), and 5 of the Drugs and Drug
Trafficking Act 140 of 1992. Accordingly, it is recommended that:-
2.1.1 Mr Lerm be charged both internally and criminally with contravening
the provisions of Section 22A(1) and sub-sections 8 (a) and (b) of the
Medicines Related Substances Control Act 101 of 1965, alternatively,
Sections 4 (a) and (b) and 5 of the Act 140 of 1992;
2.1.2 Mr Lerm be suspended with immediate effect pending the outcome of
his disciplinary enquiry.
2.1.3 It is also recommended that the transcript of the record relating to Mr
Lerm be sent to the Director of Public Prosecutions, Gauteng, for his
perusal and consideration of criminal prosecution;
2.2 The Commission also found that there is conclusive proof that Mr Lerm had
pecuniary dealings with two (2) prisoners in that he sold them Rohypnol
tablets contrary to the provisions of the Correctional Services Act and in this
regard recommended that Mr Lerm be:-
2.2.1 charged both internally and criminally with two (2) counts of
contravening Section 118 2(b) of the Correctional Services Act No
111 of 1998;
2.2.2 be suspended from duty with immediate effect pending the outcome of
his disciplinary inquiry;
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