The Northern Cape High Court has upheld the conviction of Dr Dion Theys, the former Head of the Department (HoD) of Health in the province.

Theys, now serving as a senior official in the Office of Premier Dr Zamani Saul, was convicted by the Specialised Commercial Crime Court in Kimberley in 2023 for contravening Section 86(1) of the Public Finance Management Act (PFMA). 

The conviction relates to his tenure as acting HOD and accounting officer for the Northern Cape Department of Health, during which he entered into three lease agreements with JP Hugo Trading, worth over R13 million, without adhering to the PFMA prescripts and procurement processes. 

While no fruitless or wasteful expenditure was proven due to the timing of the offences, the conviction was based on irregular expenditure resulting from Theys’ actions.

He was released on R30,000 bail with conditions, including surrendering his passport. 

Upon conviction, he was sentenced to a fine of R150,000 or three years imprisonment, with R100,000 or two years suspended for five years, on the condition that he did not commit a similar offence during this period. 

The fine is still payable in instalments, with an initial payment of R10,000 scheduled to trickle in September 2023, and followed by monthly payments of R2,000.

Theys then decided to appeal his conviction, asserting that the State lacked sufficient evidence to support the guilty verdict, but the high court upheld the ruling of the junior court.

In a statement, the National Prosecuting Authority (NPA) in the Northern Cape said it welcomes the High Court’s judgment, affirming the conviction and underscoring the seriousness with which commercial crimes are prosecuted.

“The NPA commends the efforts of all stakeholders involved in securing this conviction and reiterates its commitment to combating corruption and mismanagement of public funds. The judgment sends a strong message to potential perpetrators of commercial crimes that such actions will not go unpunished,” the NPA said.