GQEBERHA – Deputy Mayor Gary Stanton Van Niekerk (51) paid a R2,000 fine to avoid spending 30 days in prison after being convicted by the Gqeberha-based Serious Commercial Crime Investigation unit on 6 October. The Nelson Mandela Bay Metro Municipality Deputy Mayor was found guilty of failing to appear before the Specialised Commercial Crimes Court in Gqeberha.
READ: Deputy Mayor Gary van Niekerk in court on fraud charges
According to Hawks spokesperson Warrant Officer Ndiphiwe Mhlakuvana, the conviction stems from a case initiated after a complaint was lodged against Van Niekerk. “It is alleged that on 8 June 2022, Van Niekerk authored and dispatched a letter to attorneys in Gqeberha, wherein he ostensibly misrepresented himself as the Speaker of the Nelson Mandela Bay Metro Municipal Council.”
He said Van Niekerk reportedly acted without legitimate authority and purported to appoint the said law firm in connection with matters arising from the declaration of vacancies of three Northern Alliance Party Representative (PR) Councillors at the time. “The matter was referred to the Hawks for investigation,” he added.
According to Mhlakuvana, the investigation revealed that council records showed temporary speakers had been duly appointed in accordance with council resolutions to preside over meetings, rendering Van Niekerk’s unilateral actions irregular and unauthorised. “Owing to this misrepresentation, a law firm allegedly later issued a letter demanding payment of over R550,000 from the Municipal Manager of Nelson Mandela Bay Metro Municipality for services rendered on behalf of the municipality.”
Mhlakuvana stated that further investigation uncovered that Van Niekerk similarly appointed another law firm, again without the requisite approval or delegation of authority.
“Van Niekerk was served with a summons by the Hawks last year to appear in court. He made several court appearances and was scheduled to appear before the Gqeberha Specialised Commercial Crimes Court on 10 September 2025 but failed to do so. On 6 October 2025, he appeared before the court where he was found guilty of contravening the Act for failing to appear in court on the said date.”
“The primary criminal proceedings against the accused have been remanded to 8 October 2025 for continuation of the allegations for which he was initially charged,” Mhlakuvana concluded.
