Political parties have called for Premier Zamani Saul to sack Dr Dion Theys, head of the Northern Cape Department of Health, after the High Court dismissed his appeal against his conviction on three counts of contravening the Public Finance Management Act.
Theys was convicted of contravening the PFMA after he failed to follow procurement procedures when he concluded lease agreements for accommodation for nursing students, worth more than R13m, in 2011 and 2012.
Daily Maverick reports that his appeal was dismissed by the Northern Cape High Court (Kimberley) on 29 November. Since then, political parties have called for Saul to sack Theys, who is still officially the Northern Cape Health Department’s HoD, but was moved back to his previous post of medical director during the trial.
In August 2023, Theys 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 he is not found guilty of the same offence during his suspension.
In its ruling on his appeal, the High Court found he had failed to implement deviation processes during the procurement stage and procured the lease agreements “in a slovenly fashion”. It also found that he did not conclude service agreements for catering, security and cleaning, which could have been put out separately to tender.
Theys still faces a R26.9m personal protective equipment (PPE) fraud charge. The case relates to a PPE contract awarded to a company in 2020 during the pandemic without following standard procurement procedures.
Although this matter was provisionally struck off the roll in October, Northern Cape National Prosecuting Authority (NPA) spokesperson Mojalefa Senokoatsane said the NPA intended to re-enrol it.
Northern Cape Health has had a string of leaders over the past five years, last having a permanent HoD in July 2020, Dr Steven Jonkers – now deputy director-general in the Office of the Premier.
Jonkers is also facing corruption charges.
Saul appointed Theys as HoD in 2023, but he was temporarily moved back to the post of medical director, a position he held previously, while his court cases continued, and an acting HoD was appointed.
‘Unfreeze the HoD position’
The DA’s Northern Cape provincial leader, Harold McGluwa, said the court’s dismissal of Theys’ appeal was a victory in the fight against corruption, which had driven Northern Cape Health to its knees.
He said Saul “can no longer protect Theys”, who was spared internal disciplinary processes and returned to his prior position as medical director while appealing the matter, where he continued to earn a salary greater than an HoD.
“The Premier must now fire Theys and unfreeze the HoD position, so that a fit-for-purpose candidate, not a cadre, can take charge of the broken department. The Premier must also be held accountable for appointing Theys as HoD in July 2023, despite being aware that, at the time, Theys was standing trial in the nursing accommodation case.
“The Premier not only gambled with the public purse but also prolonged the appointment of an HoD, which aside from Theys’ three-month stint as HOD, was run by a string of acting HODs, including Theys, for almost the entire sixth administration.”
McGluwa said that over the past five years, the Northern Cape’s Health Department had contributed R7.51bn to the R46.25bn irregular expenditure incurred by SA’s provincial Health Departments.
Dr Wynand Boshoff from the Freedom Front Plus (FF+) said the department was suffering from a chronic and long-term disease of poor management.
“Clinics without sufficient medication, state-of-the-art hospitals with staff shortages and vacant hospitals which could still be put to good use, and being demolished by vandalism, are not once-of events.
“It is the state of affairs, more or less since the formation of the Northern Cape Province in 1994. One of the most prominent names in this saga has been that of Dr Theys, previous HoD,” he said.
The EFF called for decisive action to be taken against Theys.
Studying judgment
Naledi Gaosekwe, Saul’s spokesperson, said the Premier had noted the High Court’s decision to dismiss Theys’ appeal, and “will be studying the judgment”.
“Until all legal processes are completed, the Premier shall refrain from making any further comment.”
See more from MedicalBrief archives:
Northern Cape Health drowning in debt, corruption, inefficiency
Ex-Northern Cape Health HoD fined for irregular R13m lease deal
Senior Northern Cape Health officials back in court over PPE tender