Counterfeit pharmaceutical products in South Africa: a criminological examination.

Abstract

This study focused on the criminological examination of counterfeit pharmaceutical products in South Africa. The researcher proposed six objectives for this study, and they are as follows: to determine the extent of counterfeit pharmaceutical products being produced in South Africa; to examine how South African police officers are trained to detect counterfeit pharmaceutical products; to examine and investigate the legislature that South Africa has in place to deal with counterfeit crime; to investigate how the internet facilitates criminal organizations that deal in counterfeit pharmaceutical products; to determine the factors that contribute to the influx of counterfeit pharmaceutical products in South Africa; and to investigate the public health interventions that South Africa has in place to protect citizens against counterfeit pharmaceutical products. The researcher utilized the rational choice theory and the general strain theory as the theoretical underpinning of this study to explain the phenomenon of counterfeit pharmaceutical products in South Africa. These theories proved to be relevant as they allowed the researcher to understand and explore the research phenomenon in the context of South Africa, where the study is based. The study employed an exploratory research design and utilized the qualitative research method. The sample size for this study comprised of twenty-five (25) police officers, of whom fourteen were from the Commercial Crime Branch in Prospecton, and eleven (11) were from the Directorate for Priority Crime Investigation (the Hawks) in Durban Central. The researcher used the purposive and snowball sampling technique to select the respondents for the study. The researcher chose these techniques as they proved helpful in selecting those respondents that were most relevant and knowledgeable regarding the topic under study. To gather data, the researcher employed one-on-one semi-structured interviews and utilised an interview schedule of predetermined questions emanating from the existing literature on the phenomenon. The collected data was transcribed and then thematically analyzed to produce an interpretable report. In conducting this study, the researcher adhered to all the ethical considerations as stipulated by the Ethics Committee within the University of Kwa-Zula Natal and obtained permission from the relevant gatekeepers. The researcher informed the respondents that their participation was voluntary and ensured confidentiality and anonymity to each respondent through the informed consent form. Findings: the study finds that counterfeit pharmaceutical products are not necessarily produced in South Africa but are brought into the country as a result of porous borders, scarcity of law enforcement at the borders to prevent counterfeit pharmaceutical products from entering the country, high demand for more affordable pharmaceutical products and the opportunity to financially benefit from the fear, panic and desperation surrounding sickness as well as the COVID-19 pandemic. The study finds that 60% of the respondents indicated that they received either formal or informal training, with some stating that they received both. The study finds that the legislature surrounding counterfeit crime is limited in that it permits much leniency towards counterfeiters by imposing a fine rather than a term of incarceration for the accused counterfeiter. The study finds that the internet facilitates criminal organisations by allowing counterfeiters to operate anonymously and behind layers of encryption, thus making it challenging for law enforcement to trace and identify them. The study finds that while various factors cause an influx of counterfeit pharmaceutical products in the country, the most contributing factors are unemployment that leads to poverty, demand for affordable pharmaceutical products, profitability, and lenient legislation and its poor enforcement. The study finds that 84% of the respondents were unaware that South Africa has any public health interventions currently to protect citizens against counterfeit pharmaceutical products. Recommendations: The researcher recommends that future researchers research the effects of counterfeit pharmaceuticals on chronic medicine users and the dangers that ingesting it might have on an individual who requires the legitimate version. The researcher recommends to law enforcement that all police officers receive some induction on counterfeit products but with greater focus on products that could result in a fatality, such as counterfeit pharmaceutical products. The researcher recommends that the South African government, together with the relevant role players (such as the Department of Health), implement functioning and effective approaches to create awareness of counterfeit products and pharmaceutical products specifically. The researcher strongly recommends that the community continuously educate themselves on the harms of counterfeit pharmaceuticals and the effects of ingesting substandard medicines on the human body. Under the assumption of providing relief to a medical condition, the consumption of counterfeit pharmaceuticals can result in more illness instead of relief from it. The researcher recommends that individuals visit registered healthcare providers or hospitals to ensure that they receive treatment with medication that is authentic and safe for human usage.