Health HOD feels vindicated after PPE charges struck off roll

THE HEAD of the Northern Cape Department of Health, Dr Dion Theys, believes he and his co-accused have been vindicated after two multimillion-rand personal protective equipment (PPE) cases, in which they were implicated, were struck off the roll in the Kimberley Magistrate’s Court last week.

The prosecution has, however, indicated its intent to reinstate the charges.

Macronym 37 CC was awarded a R26.9 million contract by the Department of Health in 2020 to procure Covid-19 PPE, including coveralls, surgical masks and N95/FFP2 masks.

MKV Investments also received a R16.9 million tender for surgical masks, body bags and coveralls during the Covid-19 pandemic.

Theys stated that the latest development in court proved that “no crime was ever committed”.

“The National Prosecuting Authority (NPA) is flogging a dead horse. The Special Investigating Unit's investigation into PPE procurement cleared us, as well as the provincial Department of Health, of any malfeasance. The Auditor-General's Special Report on PPE gave us a clean report. The Public Protector was also unable to prove any wrongdoing,” said Theys.

He pointed out that the allegations had “immensely tarnished” his professional reputation.

“We were treated like hardened criminals and handcuffed when we were arrested. Now the NPA has been left with egg on its face.”

He also noted that while there was nothing stopping him from being reinstated in his position as HOD, he would first wait for the outcome of his appeal, in the interests of clean governance.

"I have been patiently waiting for three months for the judgment," he said.

Theys was previously sentenced to a fine of R150,000 or three years imprisonment after he was found guilty of contravening the Public Finance Management Act, where lease agreements amounting to R13 million were concluded with JP Hugo Trading for nursing accommodation.

Theys and chief financial officer Daniel Gaborone have been shifted to other sections pending the finalisation of their criminal cases.

The MEC for Health, Maruping Lekwene, committed to reinstate the officials if they were cleared of all charges.

Theys, along with Gaborone, the director of supply chain management, Montgomery Lifa Faas, the deputy director of finance, Victor Nyokong, the director: administration assistant of supply chain management, Siyabulela Booi, the retired deputy director nursing directorate: communicable diseases, Elizabeth Dibueng Manyetsa, and the assistant director directorate: of communicable diseases, Goitsemodimo Piet Moseki, are among the accused who were charged in connection with the R26.9 million PPE tender.

Co-accused persons include the owner of Macronym 37 (Pty) Ltd, Somandla Sibisi, his employees - Cleopatra Norman, an administrative clerk, and Macdonald Mampe - and the director of Masedi Star (Pty) Ltd, Obakeng Samane.

The charges relate to contravention of the Public Finance Management Act (PFMA), fraud, corruption, forgery, money laundering, uttering, and defeating or obstructing the course of justice.

A preservation order was obtained against Sibisi and his companies’ assets - Macronym 37 and Aphiwokuhle Holdings.

The frozen assets include a residential property purchased for around R900,000, a R2 million business property – known as Live Café, kitchen equipment valued at over R300,000 and a 2013 model Audi A1 car worth R130,000.

In a separate matter, nine accused persons were charged with fraud, corruption, money laundering and contravening the Public Finance Management Act (PFMA) amounting to R16.9 million for another PPE tender.

The accused included the owner of Rio Cocktail Lounge and managing director of MVK Investments, Kanyaditswe McDonald Visser, the HOD for the Department of Health, Theys, the chief financial officer, Gaborone, the deputy director of finance, Victor Nyakong, supply chain management officials at the Department of Health - Montgomery Lifa Faas and Siyabolela Booi, an assistant director in communicable diseases, Goitsemodimo Piet Moseki, the deputy director in the nursing directorate, Elizabeth Dibueng Manyetsa, and the director of Stilofern (Pty) Ltd, Kelebogile Agnes Bogatsu.

A preservation order was granted for a property in Hillcrest purchased by Visser for R4.4 million and his Bentley Continental GT V8 convertible valued at over R2 million.

The State alleges that both the property and the vehicle were registered in the name of Stilofin (Pty) Ltd and were bought with money received from the Northern Cape Department of Health.

Hawks provincial spokesperson Lieutenant-Colonel Tebogo Thebe stated that both PPE matters had been struck off the roll due to the unavailability of the racketeering certificate.

“The team will reconvene to decide if the matter will be re-enrolled at a later stage,” said Thebe.

National Prosecuting Authority (NPA) regional spokesperson Mojalefa Senokoatsane said that although the matter against the 12 accused was struck off the roll on October 11, the State would re-enrol the matter.

“The court refused to grant the State a further remand in terms of the racketeering charges. The State is currently completing the process of making an application before the National Directorate of Public Prosecutions (NDPP) for authorisation to prosecute the accused on racketeering charges.”

He indicated that the R16.9 million tender charges had been withdrawn.

Senokoatsane added that the preservation orders would not be affected by the ruling in the criminal matter.

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