Former HOD must 'pay back the money'

THE NORTHERN Cape Department of Health has spent over R6 million funding the legal battles of its former head of department (HOD), Dr Dion Theys.

Theys is appealing a case in the Supreme Court of Appeal after being found guilty in the Specialised Commercial Crimes Court in 2023 of contravening the Public Finance Management Act (PFMA).

He was convicted for concluding a R13.2 million lease agreement for nursing student accommodation at the JP Hugo hostels in Hoffe Park, Kimberley.

The appeal against his conviction was dismissed in the Northern Cape High Court in November 2024.

Theys also faced charges related to personal protective equipment (PPE) deals that were concluded during the Covid-19 pandemic.

PPE tenders awarded in 2020 by the Department of Health included R26.9 million to Macronym 37 CC and R16.9 million to MKV Investments. These cases were struck off the roll in October 2024 due to the unavailability of a racketeering certificate.

Democratic Alliance (DA) provincial leader Harold McGluwa has called on the department to urgently recoup the legal costs.

He said that, in response to a parliamentary question to national Health Minister Dr Aaron Motsoaledi, it was revealed that former acting HOD Riaan Strydom approved the decision that the provincial department should cover Theys's legal costs.

“The state paid over R6.3 million to fund Theys’s legal battles,” said McGluwa. “This includes R409,221.33 for pre-trial costs, R1,647,071.15 for trial, R3,249,228.78 for the Northern Cape High Court costs, and a further R998,323.30 for the Supreme Court of Appeal.”

McGluwa stated that Motsoaledi further indicated that the national department had been informed that the matter was referred by the premier to the legislature for discussion.

“It was agreed that if the person who was charged lost the case, they would pay back the money.

“The DA has on countless occasions probed the matter of Theys’s legal fees in legislature committees and during question time sessions. At no time did the legislature rubber stamp the state’s decision to carry these costs.” 

McGluwa pointed out that the “out-of-pocket” Health Department was unable to cover its own monthly expenses. 

“It cannot afford to protect criminals and their illicit dealings."

He added that the DA had asked Health MEC Maruping Lekwene when the process of recouping the legal costs would begin.

“We are also still waiting to hear about the fate of Theys, whose provisional redeployment within the department was conditional on the outcome of his appeal.

“It is high time that internal disciplinary action be taken against Theys, and that he must be made to pay the price of corruption and pay back the money.” 

The Northern Cape Department of Health did not respond to media enquiries. 

No comment was provided on whether it is covering the legal costs of other officials standing trial, or on the criteria used to determine who qualifies for such financial support.