Nelson Mandela Bay Deputy Mayor Gary van Niekerk Faces Legal Battle

In a recent unfolding at Nelson Mandela Bay, Deputy Mayor Gary van Niekerk found himself in the midst of a legal turmoil, appearing before the Specialized Commercial Crimes Court charged with cyber crimes and alleged violations of the Municipal Finance Management Act (MFMA). His court appearance last Thursday has led to immediate suspension from his deputy mayor position.

Van Niekerk's legal troubles began after a Hawks' investigation into his conduct during his tenure as a member of the former Northern Alliance (NA) and Speaker of the Nelson Mandela Bay Municipality. Allegedly, he racked up over R570,000 in legal fees challenging his expulsion from the NA in 2022 without proper authorization, contravening standard municipal procedures.

The specifics of the charge state that Van Niekerk hired Boqwana Burns Attorneys (BBA) on June 8, 2022, even though they were not on the approved panel of attorneys for that year. This move defied the established Supply Chain Management Processes of the municipality. Further complicating matters, after being reinstated as a councillor in September following a court order, Van Niekerk sought advice from another law firm, Mc Williams Elliot, regarding council procedures despite being explicitly declined assistance by the then City Manager.

These actions prompted legal demands for payment from the law firms for services rendered privately by Van Niekerk, intensifying his legal and financial predicaments. Represented by Gouws Attorneys, his case has been postponed, allowing time for gathering more comprehensive instructions on the financial implications and the merits of his defense. He is scheduled to reappear in court on January 15.

Amid these controversies, the executive mayor of Nelson Mandela Bay, Babalwa Lobishe, confirmed Van Niekerk's suspension at a contentious last council meeting of the year, explaining that the ongoing case could interfere with his delegated functions. Nonetheless, Van Niekerk will continue to serve as a regular councillor.

This case raises critical concerns about governance and legal compliance among public officials at Nelson Mandela Bay and will likely influence future regulatory and oversight mechanisms within the municipality.