By Thys Khiba

Former Northern Cape Department of Health boss Dr Dion Theys has been found guilty of contravening Section 86(1) of the Public Finance Management Act (PFMA) and not following proper procurement processes by the Kimberly Specialised Commercial Crimes Court on Wednesday, 16 August.

While acting as the HOD and accounting officer, Theys has concluded three lease agreements with JP Hugo Trading, amounting to more than R13 million, without following proper PFMA prescripts and procurement processes.

Specialised Commercial Crimes Court finds Dr Dion Theys guilty of contravening PFMA processes pic.twitter.com/MSPmePKT2k

— NPASouthAfrica (@NPA_Prosecutes) August 16, 2023

He is sentenced to a fine of R150 000 or three years imprisonment, of which R100 000 or two years imprisonment is suspended for five years, on condition that the accused is not found guilty of the same offence during the time of suspension.

Theys is the currently the HOD and  the Accounting Officer for the Department of Health NC, which means he was not acting when sentenced on Wednesday, 16 August 2023.

The National Prosecuting Authority (NPA) indicated the fine is payable as follows to the Clerk of the Court, R10 000, should be paid before or on 07 September 2023, and after that R2 000should be paid before or on the seventh of each consecutive months until the fine is fully paid up.

“The trial which started on 29 March 2022, and concluded on 16 August 2023, saw the prosecution led by Senior Advocate Isaac Mphela, from the Specialised Commercial Crimes Unit(SCCU), calling on several witnesses, to come and testify during the trial against the accused.

“One of the first witnesses called was the Director-General of the Northern Cape Provincial Government Justice Bekebeke, who outlined the processes of PFMA and how government personnel should toil when utilising the public purse, specifically applying the procurement processes. The accused was out on bail of R30 000, and one of the bail conditions was that he should surrender his passport,” said NPA spokesperson Mojalefa Senokoatsane.

The trial had to take more than a year, due to details the seriousness the prosecution team had to ensure that it prosecutes the case successfully.

Senior State Advocate Mphela, Advocate Brian Mdlalose and the DPCI (the Hawks) were applauded for the prosecution that they have led on this matter.

The Director of Public Prosecution in the Northern Cape(DPP), Livingstone Sakata expects this sentence to send a clear message to other perpetrators of corruption and fraud, that indeed the NPA and law enforcement agencies are serious about fighting crime.

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