Deputy Mayor of Nelson Mandela Metropolitan Municipality Charged with Fraud

The integrity of Nelson Mandela Metropolitan Municipality's governance has come into question as its Deputy Mayor, Gary Stanton Van Niekerk, was officially charged with fraud-related offenses. On November 14, 2024, the Hawk’s Serious Commercial Crime Investigation unit in Gqeberha (formerly known as Port Elizabeth), served Van Niekerk with a court summons. He is expected to appear before the Gqeberha Specialised Commercial Crimes Court on December 12, 2024, facing grave allegations of cyber fraud and contraventions of the Municipal Finance Management Act (MFMA).

According to the allegations, on June 8, 2022, Van Niekerk, ostensibly misrepresenting his role within the municipality, used his assumed position to unilaterally appoint a Gqeberha-based law firm to handle legal services for the municipality. His misrepresentation did not stop there; it is reported that he also tasked the same law firm with declaring vacancies for three Party Representative councilors for the Northern areas of Gqeberha, further pretending to be the speaker of the council.

The fraudulent activities led to the submission of an over R500,000 invoice to the municipality, for services premised on Van Niekerk's deceit. Upon discovery, this alarming transaction was reported to the Hawks, prompting an immediate and thorough investigation. The findings of the investigation affirmed the initial suspicions and unveiled another unauthorized appointment of a law firm made by Van Niekerk, this time costing the municipality substantially.

Major General Mboiki Obed Ngwenya, the Provincial Head of the Hawks, has commended the Gqeberha Specialised Commercial Crimes Investigation unit for their relentless effort in bringing the deputy mayor to justice. As the case garners public and media scrutiny, it opens discourse on the transparency and honesty expected of public officials. The case, while still undergoing judicial proceedings, has been adjourned until January 15, 2025, as Van Niekerk prepares his legal defense.

This high-profile case not only tests the resilience and effectiveness of South Africa’s legal frameworks concerning corruption within public offices but also reaffirms the ongoing initiatives to uphold law and order by the Hawk’s unit specifically tailored to tackle commercial crimes. The community of Nelson Mandela Bay and beyond watches keenly, as this case could set important precedents for governance and accountability in South Africa.