Sack Northern Cape health boss, say political parties after his court appeal is dismissed

Political parties want Northern Cape Health Department boss Dr Dion Theys fired after the high court dismissed his appeal against his conviction on three counts of contravening the Public Finance Management Act (PFMA).

Northern Cape Premier Dr Zamani Saul said he would study the judgment.

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 R13-million, in 2011 and 2012.

His appeal was dismissed by the Kimberley High Court on 29 November. Since then, political parties have called for Saul to sack Theys, who is still officially the Northern Cape health department’s head of department (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 that he is not found guilty of the same offence during the time of suspension.

In its ruling on his appeal, the Kimberley High Court found that Theys failed to implement deviation processes during the procurement stage and procured the lease agreements “in a slovenly fashion”. It also found that did not conclude service agreements for catering, security and cleaning, which could have been put out separately to tender.

Theys still faces a R26.9-million personal protective equipment (PPE) fraud charge. The case relates to a PPE contract awarded to a company by the department in 2020 during the Covid-19 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.

Read more: Special Investigating Unit uncovers multimillion-rand Covid-related corruption in Northern Cape

The Northern Cape health department has had a string of leaders over the last five years. The department last had a permanent HoD in July 2020, Dr Steven Jonkers, who is now working as 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.

Read more: All the premier’s HODs — high-stakes head of health post trapped in a merry-go-round

‘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 the Northern Cape health department 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 health department. The premier must also be held accountable for appointing Theys to the position of 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 to the department, 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 health department had contributed R7.51-billion to the R46.25-billion 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, being demolished by vandalism are not once-of events.

“It is rather 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 head of the department,” said Boshoff.

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Boshoff emphasised that Theys’ dismissal might seem like a good story, as the legal route had run its course, but that through all these proceedings, Theys was still employed by the department.

“At a certain stage he was demoted, but as ‘medical director’ he was still in a senior and influential position. It is standard for an employee (especially a senior one) to be suspended pending the outcome of such court cases.

“Even now, Dr Theys still has recourse to the Supreme Court of Appeal in Bloemfontein. Yet, he should not be noticed at departmental facilities at all.

“The people who had been suffering all along are the citizens of our province who cannot afford private medical care — the vast majority,” said Boshoff.

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. Gaosekwe said the government was committed to accountability and transparency and respected the judicial process.

She said the matter underlined the need to follow regulatory frameworks such as the PFMA to ensure sound financial governance.

“We remain steadfast in our commitment to uphold the principles of good governance and ethical conduct in all spheres of administration,” she said. “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.

“At this stage, the premier will be studying the judgement. Until all legal processes are completed the premier shall refrain from making any further comment on the specific aspects of the case.” DM