Deputy Mayor of the Nelson Mandela Bay Metro Municipality Gary van Niekerk briefly appeared at the Gqeberha-based Serious Commercial Crime Court on today, 8 October, where the state indicated that efforts would be made to expedite the finalisation of his matter.
State prosecutor Ken Cooney explained that he needs to provide a comprehensive report to the Director of Public Prosecutions before the case can proceed. “I have to provide a full report so the Director of Public Prosecutions can apply his mind,” Cooney told the court.
The court heard that Van Niekerk’s legal representatives have already made representations to the Director of Public Prosecutions regarding the expedited resolution of the matter.
As the Express previously reported, his court matter stems from a case initiated after a complaint was lodged against Van Niekerk.
According to a statement issued by the Hawks, “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. Van Niekerk reportedly acted without legitimate authority, purported to appoint the said law firm in connection with matters arising from the declaration of vacancies of three (3) Northern Alliance Party Representative (PR) Councillors at the time. The matter was referred to the Hawks for probing,” the statement explained.
The statement further explained that according to the investigation, council records reveal that 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. The Boqwana Burns law firm allegedly later issued a letter demanding payment from the Municipal Manager of Nelson Mandela Bay Metro Municipality of over R550,000 for services rendered on behalf of the municipality.
“Further investigation uncovered that Van Niekerk similarly appointed another law firm without the requisite approval or delegation of authority,” the statement added.
Additionally, Van Niekerk was served with a summons by the Hawks last year to appear in court, and recently failed to appear in court on 10 September.
Following that, he was accordingly sentenced to a fine of R2,000 or 30 days’ direct imprisonment, and he elected to pay the imposed fine.
His matter has been postponed to 3 November. The postponement will allow the state to inform the court about efforts to expedite Van Niekerk’s matter.
