KIMBERLEY – The legal road has officially run out for Dr Dion Garvey Theys, leaving the Northern Cape Department of Health’s controversial former acting chief standing with a finalised criminal conviction for financial misconduct.
On 17 September this year, the Constitutional Court dealt a definitive blow to Theys by unanimously dismissing his application for leave to appeal.
Sitting en banc, Justices N. Mhlantla (ADCJ), N. Dambuza, S. Kollapen, M. Mathopo, L Nuku (AJ), O. Rogers, F. Savage, and Z. Tshiqi ruled that the petition submitted by his legal team, Mjila and Partners, bore “no reasonable prospects of success”.
This order officially concludes all judicial review, cementing his criminal conviction under Section 86(1) of the Public Finance Management Act (PFMA).
The lease agreements
The criminal charges against Theys stem from his tenure as acting Head of Department (HOD) and accounting officer in the period 1 October 2009 to 31 March 2012. During this period, he bypassed standard public tender processes and directly signed three lucrative lease agreements with JP Hugo Residence t/a Hoffe Park for nursing student accommodation at 30 Birbeck Avenue, Kimberley.
In the First Lease of 12 July 2010, housing for 60 students was secured at a rate of R120 per student daily, inclusive of meals, ending 30 June 2011. The Second Lease from 24 December 2010 covered 41 students at R3 600 monthly per student, signed on Christmas Eve, five months after its effective date of 1 November 2010, and overlapping midstream with the First Lease.
The Third Lease on 28 November 2011 expanded to 200 students at R210 daily per student, signed nearly five months after its 1 July 2011 inception date.
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Evidence of irregularities
Under Theys’ tenure, payments under these leases totalled R13 228 280, whilst cumulative departmental disbursements to Hoffe Park over subsequent years ballooned to over R96 million.
Evidence presented at trial established that the department’s Supply Chain Management (SCM) unit was entirely excluded from the procurement process. SCM held no record of the transactions, no competitive bids were advertised, and no valid justification for deviating from Treasury regulations was submitted.
Furthermore, investigators discovered that the Hoffe Park property belonged to Transnet, rather than the third-party entity with whom Theys contracted.
Conviction and sentencing
In the Kimberley Special Commercial Crimes Court, Magistrate Vernon Smith convicted Theys on three counts of contravening the Act for gross negligence. He was sentenced to a fine of R150 000 or three years’ imprisonment, with R100 000 or two years suspended for five years.
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High Court rejection
Theys appealed his conviction to the High Court of South Africa (Northern Cape Division, Kimberley). However, on 29 November 2024, Deputy Judge President Violet Phatshoane and Judge Almé Stanton dismissed his appeal.
The High Court firmly rejected arguments that student housing constituted an emergency or sole-supplier scenario, noting that his memory “conveniently faded” during cross-examination and describing the leases as executed in a “slovenly fashion”.
The High Court judges confirmed that his failure to enforce procurement safeguards constituted extreme gross negligence.
What happens next
With the apex court’s ruling now finalised, NoordkaapBulletin has submitted an urgent media query to Naledi Gaosekwe, spokesperson for the Premier of the Northern Cape, about Theys’ future in the department and whether administrative action will be taken. The comment will be added once received.
