GQEBERHA – The fraud trial of Deputy Mayor Gary van Niekerk has been postponed for a second consecutive day after the presiding magistrate fell ill. The presiding magistrate has been booked off for the entire week.

During a brief appearance at the Gqeberha Regional Court, the court was informed that Van Niekerk must appear at the Commercial Court on 2 June to set a new trial date.

Van Niekerk faces multiple charges, including alleged contraventions of the Cybercrimes Act and the Municipal Finance Management Act (MFMA).

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According to the charges, Van Niekerk allegedly instructed Boqwana Burns Attorneys (BBA) and McWilliams & Elliott Attorneys (MWE) to render legal services on two separate occasions in June and December 2022, while falsely representing himself as both a councillor and Speaker of Council.

The legal services rendered amounted to more than R550 000.

The Nelson Mandela Bay Municipality allegedly refused to settle the invoices, citing the absence of approval from the acting city manager at the time.

According to a statement issued by the Hawks, Van Niekerk allegedly authored and dispatched a letter to attorneys in Gqeberha, misrepresenting himself as the Speaker of the Nelson Mandela Bay Metro Municipal Council.

“He reportedly acted without lawful authority and purported to appoint the said law firm in matters relating to the declaration of vacancies of three Northern Alliance Party proportional representation (PR) councillors,” the statement read.

Last year, Van Niekerk was found in contempt of court after failing to appear in court. He was fined R2, 000 or, alternatively, faced direct imprisonment. He elected to pay the fine.

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