The Specialised Commercial Crimes Court in Kimberley has made a significant stride in combating corruption with the recent sentencing of Dr. Dion Theys, the former Head of the Department of Health in the Northern Cape.
Dr. Theys was found guilty of contravening Section 86(1) of the Public Finance Management Act (PFMA), which governs the financial management of government entities and public funds. He was convicted for concluding three lease agreements with JP Hugo Trading without adhering to the proper PFMA prescripts and procurement processes. These agreements amounted to over R13 million, highlighting the gravity of the offense.
The trial, which began on 29 March 2022 and concluded on 16 August 2023, showcased the prosecution’s commitment to a thorough and meticulous approach. Led by Senior Advocate Isaac Mphela from the Specialised Commercial Crimes Unit (SCCU), the prosecution called on several witnesses to testify against Dr. Theys.
One of the first witnesses was the Director-General of the Northern Cape Provincial Government, Justice Bekebeke, who provided valuable insight into the PFMA processes and the due diligence required when handling public funds through procurement processes.
After an extensive trial lasting over a year, the court finally sentenced Dr. Theys to a fine of R150,000 or three years imprisonment, with R100,000 or two years imprisonment suspended for five years on the condition that he is not found guilty of the same offense during the suspension period. Dr. Theys was ordered to pay R10,000 to the Clerk of the Court by 07 September 2023, followed by monthly payments of R2,000 until the fine is fully paid.
Director of Public Prosecution in the Northern Cape, Livingstone Sakata, praised the prosecution team led by Head of the SCCU Advocate Brian Mdlalose, Senior State Advocate Isaac Mphela, and colleagues from the DPCI (The Hawks) for securing a conviction in this complex case.
The successful outcome of this trial serves as a testament to the unwavering dedication of the National Prosecuting Authority (NPA) and law enforcement agencies in eradicating corruption and fraud in South Africa. This landmark case sends a powerful message to potential perpetrators that the NPA and law enforcement agencies are serious about combating crime.
The conviction of Dr. Theys serves as a reminder of the importance of upholding the principles of transparent and accountable management of public funds, and emphasizes the key role the PFMA plays in safeguarding the integrity of public finance management in the country.
The outcome of this trial represents a small yet significant victory in the ongoing battle against corruption in South Africa. It is a clear demonstration of the unwavering determination and commitment of the NPA, SCCU, and law enforcement agencies to hold those who abuse their positions of power accountable for their actions.
Ultimately, this case highlights the vital role that the judiciary plays in ensuring justice is served and maintaining public trust in the institutions that govern the country. As South Africa continues to grapple with the challenges posed by corruption, this case serves as a beacon of hope that the fight against fraud and malfeasance is far from over and that the wheels of justice will continue to turn in pursuit of a just and equitable society.
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