In his first court appearance today, December 12, Deputy Mayor Gary van Niekerk faced charges related to fraud and misrepresentation in the Specialised Commercial Crime Court in Gqeberha.
The charges stem from allegations that Van Niekerk unlawfully used his previous position as Speaker in the Bay’s Council to issue unauthorized instructions to law firms, resulting in significant financial implications for the Nelson Mandela Bay Municipality (NMBM).
Van Niekerk is accused under multiple counts, including violations of the Cybercrimes Act and the Municipal Finance Management Act (MFMA). On two separate occasions in June and December 2022, van Niekerk allegedly instructed Boqwana Burns Attorneys (BBA) and McWilliams & Elliott Attorneys (MWE) to perform legal services, falsely representing himself as both a Councillor and Speaker of Council.
These instructions led to legal work valued at over R550 000, which the NMBM declined to pay, citing lack of approval from the Acting City Manager at the time and contravention of the SCM Policy.
Further charges accuse Van Niekerk of deliberately interfering with the duties of the Accounting Officer, thereby breaching sections of the MFMA. The charge sheet outlines how his actions obstructed municipal procedures, potentially leading to financial losses and undermining governance policies.
Van Niekerk is accused of significant misrepresentation, falsely claiming authorization to procure legal services without approval, and ignoring direct instructions from city management.
Van Niekerk’s legal team argued that the actions were taken under misunderstood directives and that he followed what he believed to be legitimate processes.
The Deputy Mayor is set to reappear in court on January 15, 2025.
