Dr Zamani Saul, premier of the Northern Cape, says he has taken note of the decision by the Northern Cape High Court to dismiss the appeal of Dr Dion Theys, head of department (HOD) for the Department of Health, against his conviction and sentence.
Saul described the court’s decision as a “significant development”.
Theys was convicted in August 2023 in the Regional Court by Magistrate Vernon Smith. He was sentenced to a fine of R150 000 or three years’ imprisonment, of which R100 000 or two years’ imprisonment was suspended for five years, on condition that he is not convicted of the same offence during the period of suspension.
He signed three overlapping contracts for nursing student accommodation worth R13 million with Hoffe Park without following any procurement procedures or involving officials from the relevant department in the process. Theys circumvented the requirements of the procurement process deviations and did not advertise the contracts in advance to obtain competitive offers. The procurement of accommodation was not urgently necessary.
Moreover, he did not report the deviations to the Treasury.
In terms of the procurement requirements, goods or services exceeding R500 000 must be put out to tender, unless there is an emergency, urgency or only one service provider is available. In terms of legislation, the three spheres of government must ensure that spending on goods and services is fair, equitable, transparent, and competitive to prevent fruitless, unauthorised, and irregular expenditure.
‘Grossly negligent’
Deputy Judge President Violet Phatshoane agreed with Regional Magistrate Smith in her ruling that Theys was grossly negligent as accounting officer.
He could not satisfactorily explain in his evidence why the contracts overlapped, why one contract was signed on Christmas Day, and why contracts were only signed after it had commenced.
There was also no service agreement with Hoffe Park to ensure the continued quality of laundry, cleaning services, internet access, and three meals a day.
Meanwhile, opposition parties expressed their dissatisfaction with the situation and Saul’s insistence of keeping the beleaguered Theys in employ of a department that has not received a clean audit in recent years.
Saul says “as a government committed to accountability and transparency, we respect the judicial process and the outcomes thereof.
“The matter highlights the importance of adhering to legislative frameworks such as the Public Finance Management Act. We remain steadfast in our commitment to uphold the principles of good governance and ethical conduct in all spheres of administration.
“While this is a significant development, it is also an opportunity for the department to continue strengthening its systems to prevent any recurrence of similar challenges in the future.”
Continues to earn salary
The DA has requested the Public Service Commission (PSC) to investigate the appointment of Theys to the position of HOD of Health, in July last year.
Harold McGluwa, DA provincial chairperson, says the department, which spent almost a full administrative term without an HOD, continues to be led by an acting HOD, although Theys has been transferred back to his former position of medical director, while appealing the case and effectively placing a freeze on the filling of the HOD position.
“During a recent legislature portfolio committee meeting, the health department also confirmed that Theys continues to earn a salary greater than an HOD, given the previous occupation-specific dispensation.
“The DA has submitted a written request to the PSC, in relation to its powers as set out in Section 196(4) of the Constitution, asking that it investigates whether the personnel procedures relating to Theys’ recruitment, his internal transfers, promotion and lack of disciplinary action and dismissal, comply with the regulatory framework applicable to the appointment of staff as prescribed in the Public Service Act 1994, relevant legislation and policies applicable to the department and Public Service Regulations.”
The DA is also particularly concerned about possible non-adherence to the directives issued by the Minister for Public Service and Administration, such as conducting criminal record checks and reference checks.
This is especially relevant given that Theys was serving as acting HOD in 2021, around the time of his arrest for the nursing accommodation case, in addition to a subsequent arrest on Personal Protective Equipment (PPE)-related corruption charges.
The PPE charges were provisionally withdrawn in December 2022, but shortly after his appointment in July 2023, Theys was arrested again in August and October, on additional charges of PPE corruption relating to tenders amounting to R16 million and R26 million, respectively.
The DA hopes that the PSC will prioritise the investigation request.
“Armed with the PSC’s findings and subsequent advice, the department will be better able to move forward in the pursuit of stability, good management and clean governance for the sake of the 1,1 million citizens of the Northern Cape who depend on it for medical care,” he says.
Trust long-standing saga to come to end
Wynand Boshoff, provincial leader of the FF Plus, says he trusts that the long-standing saga of Theys’ association with the Northern Cape Department of Health will come to an end after his failed appeal.
“Shortly thereafter, he was charged with irregular purchases of protective equipment during the Covid-19 pandemic. The charges were struck off the roll, but the National Prosecuting Authority (NPA) has indicated that they do wish to continue the case.
“It is standard practice that someone who is fired for serious misconduct at work is suspended so as not to interfere with the investigation or possible witnesses.
“So, even if Dr Theys was to appeal to the Supreme Court of Appeal now, it is time for him to be dismissed from the department.”
