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PPE charges against Health head, CFO to be provisionally withdrawn

SANDI KWON HOO

THE CHARGES against the chief financial officer (CFO) at the Northern Cape Department of Health, Mosiemanegape Daniel Gaborone, and the acting head of department (HOD), Dr Dion Theys, relating to the procurement of personal protective equipment (PPE), are expected to be provisionally withdrawn in the Special Commercial Crime Court next week.

The Department of Health awarded PPE tenders to the value of R43 million, where charges of contravention of the Public Finance Management Act (PFMA) were laid against Theys and Gaborone.

The matter was set to be transferred to the Northern Cape High Court.

The Department of Health has been without a permanent head of department since the deployment of the former HOD, Steven Jonkers, to the Premier's Office in 2020.

The department has reportedly paid Theys R1 million in remuneration while he was suspended with full pay for the past 18 months.

Gaborone was also placed on suspension with full benefits pending the finalisation of the trial.

Theys pleaded not guilty to charges of contravention of the PFMA relating to leases that were secured in 2014 to the amount of R96 million for student nurses accommodation at the JP Hugo hostels.

The department has apparently spent in the region of R1 million to cover the legal costs so far.

Northern Cape Department of Health spokesperson Lulu Mxekezo said they were studying correspondence received from the National Prosecuting Authority regarding the case.

She indicated that the officials would return to work.

“Internal disciplinary actions and legal bills are issues that are discussed internally between the employer and employee,” Mxekezo said.

She stated that the post of HOD had not been filled yet.

“The official was not an HOD when he was suspended. The department cannot comment on legal cases that are not yet finalised.“

According to the Directorate of Public Prosecutions (DPP), charges were provisionally withdrawn due to new evidence that emerged that could influence the outcome of the case.

National Prosecuting Authority (NPA) regional spokesperson Mojalefa Senokoatsane said yesterday that the prosecution had only given notice to the defence to “provisionally withdraw” the charges against Gaborone and Theys relating to the PPE tenders at their next court appearance on December 8.

“Unfortunately, at this stage of our investigations, which are led by our colleagues at the Directorate for Priority Crime Investigation, it will be premature for the prosecution to disclose fully the reasons for the intention to provisionally withdraw the case against the accused,” said Senokoatsane.

He added that the matter was still under investigation.

“The NPA believes that there is still a case that needs to be answered by the accused. To ensure that the investigations are carried out with the sensitivity that they deserve, we won't be able to share any additional information regarding any additional charges or people involved in this matter at this stage.”

Senokoatsane pointed out that the charges would be reinstated once investigations were completed.

“The prosecution will be ready for trial once we are satisfied that all the evidence has been compiled.”

The public protector exonerated Premier Zamani Saul and Helath MEC Maruping Lekwene from playing any part in facilitating the awarding of a R26.9 million PPE tender to Macronym 37 CC in June 2020.

Acting Public Protector Kholeka Gcaleka, however, found that the contract that was awarded to the director of Macronym 37 CC, Somandla Sibisi, who was said to be connected to the premier as well as the ANC, was not in accordance with the procurement policies of goods and services.

She believed that the conduct of the department was “improper and constituted maladministration” as the company was de-registered by the Companies and Intellectual Property Commission (CIPC) for non-compliance due to its failure to submit tax returns since 2017.

Gcaleka indicated that irregular expenditure was incurred as Macronymn’s documents were not duly signed, where the department paid them without verifying the validity of their tax clearance certificate.

She found that Macronym’s broad-based black empowerment employment equity (B-BBEE) certificate had expired.

The Special Investigations Unit (SIU) report into PPE tenders recommended that administrative action, including blacklisting, be implemented against a number of companies that were awarded tenders by the Northern Cape Department of Health.

The list includes Macronym 37 (Pty) Ltd, MKV Investments (Pty) Ltd, Asijiki Soundbytes (Pty) Ltd, Revolt Headboy (Pty) Ltd, CMED Suppliers for contravention of the Medicines and Related Substances Act.

It was indicated that DNS Supplies, Asijiki Soundbytes (Pty) Ltd and CMED Suppliers contravened the Competition Act, where goods and services were charged at “excessive, unfair and unreasonable prices”.

NEWS

en-za

2022-12-02T08:00:00.0000000Z

2022-12-02T08:00:00.0000000Z

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