Judgment on the procurement of the Hoffe Park JP Hugo hostels for nursing accommodation is expected to be handed down in the Specialised Commercial Crimes Court next week.
JUDGMENT on the procurement of the Hoffe Park JP Hugo hostels for nursing accommodation is expected to be handed down in the Specialised Commercial Crimes Court next week.
Rental leases to the value of R96 million were concluded in 2010 and 2012, while students complained about the poor conditions at the hostel, including the quality of the food and the absence of warm water.
The acting head of department (HOD) at the Northern Cape Department of Health, Dr Dion Theys, was charged for contravention of the Public Finance Management Act.
During closing arguments earlier this week, senior State prosecutor Isaac Mphela questioned why one service provider was paid for accommodation, laundry and catering services.
He argued that the contract lacked transparency and flouted supply chain management processes.
“Hoffe Park was not the only suitable property and was not the best option in terms of price. Three contracts were signed for different periods, where due diligence was not followed to prevent gross negligence, fruitless, wasteful and irregular expenditure.”
He added that the deviation was not justified and advised that the Department of Health should have conducted a forensic investigation into the losses suffered.
Mphela found it “immaterial” that the director general, Justice Bekebeke, testified that he was not aware of any criminal charges against the accused.
“The premier appoints HODs and must charge them when there is non-compliance or financial misconduct. Provincial Treasury must be informed of any criminal inquiry.”
The legal representative for Theys, senior advocate Moses Mphaga, pointed out that accommodation options in Kimberley are limited.
“There was no other suitable alternative where students were provided with added services including security, catering and laundry. It would have been impractical for nursing students to be accommodated at guest houses as they would need someone to cook for them. Had it gone out on tender, a better offer would not have been secured.”
Mphaga pointed out that the Department of Health would be held liable if anything happened to jeopardise the safety of students.
“The Sol Plaatje University saw it fit to purchase the JP Hugo hostels for student accommodation. The department spent millions to build their own, instead of renting the Hoffe Park hostels.”
He added that no permission needed to be obtained from Treasury for a deviation to be approved.
“A request was made by the former principal of the Henrietta Stockdale Nursing College, Nothemba Selemela, that the contract should be signed by legal services. The contract was signed in good faith.”
He explained that different leases were signed due to the monthly fluctuation of student numbers.
He indicated that more than 10 years after the leases were concluded Theys was not able to remember all the details.
“No financial loss was suffered by the department.”
Magistrate Vernon Smith is expected to deliver judgment on August 16.
