Nelson Mandela Bay deputy mayor Gary van Niekerk guilty of contempt of court

While making arrangements for a political visit to Germany, Nelson Mandela Bay deputy mayor Gary van Niekerk was so focused on potentially creating jobs, fighting poverty and “saving lives” that it completely slipped his mind that his visit abroad clashed with the start of his fraud trial.

Despite painting a picture of his noble mission to the Bay’s so-called “Sister City” Braunschweig, and making a martyr of himself for the good of his city, the Gqeberha Specialised Commercial Crimes Court found him guilty of contempt of court.

The conviction came with a R2,000 fine. The smile he wore when he arrived at court on Monday morning was erased.

Swift departure

Normally, after court proceedings, Van Niekerk would share comments with members of the media, even against advice from his legal counsel. 

However, following the judgment by Magistrate Khuselwa Majali, he ignored reporters as he exited the court building. With a few hasty steps, he slipped into a Toyota Fortuner brought to the front of the court by his driver and left without a word.

He later released a statement under the letterhead of his political party and signed as the president of the National Alliance, rather than the deputy mayor of Nelson Mandela Bay.

The conviction stems from his failure to appear before court last month due to his work-related visit to Germany, and his failure to notify the court of his absence despite receiving an invitation to the event three months before the start of his trial on 10 September.

Read more: Nelson Mandela Bay deputy mayor leaves SA on eve of criminal trial, draws ire of ‘frustrated’ magistrate

Van Niekerk faces charges of cyberfraud and contravention of the Municipal Finance Management Act, which date back to 2022 when he allegedly racked up legal bills amounting to more than R570,000 when he was not authorised to do so. 

Following his failure to appear before court, Majali authorised a warrant for his arrest, but held it over until Monday, 6 October, for a formal inquiry, when Van Niekerk was required to submit an explanation for his absence.

He told the court that he had attended an international partnership conference for German and sub-Saharan African partnerships, where he engaged with key role players on topics including waste management, smart city resilience, fair procurement and trade and investment. 

He said the visit secured commitments for Nelson Mandela Bay and the Eastern Cape related to ongoing technical support from Braunschweig to assist with smart city developments, continued avenues for external funding and exchange initiatives for young people and municipal officials to develop skills and community health partnerships.

Van Niekerk said international relations fell under the responsibilities of the deputy mayor’s office, which is why he was the appropriate person to attend the event.

He said planning for the conference began as early as May, and a formal invitation was extended to him in June. His travel documents were approved in the weeks that followed.

The entire trip was paid for by the hosts.

However, final sign-off by Nelson Mandela Bay mayor Babalwa Lobishe was delayed after a series of meetings were postponed, and the trip was eventually greenlit on 6 September, the day before his departure.

It was only while waiting to board his flight at OR Tambo International Airport in Johannesburg that he received a message asking him about his trial, which was set to begin on 10 September.

He claimed the date had slipped his mind as neither he nor his personal assistant had diarised the court appearance.

Van Niekerk described his situation as a Catch-22, and he had to make a “value judgment” and decide between his own court appearance and what he hoped to achieve in Germany.

Germany visit ‘saved lives’, court told

He said in light of the dire unemployment rate in Nelson Mandela Bay, leading to poverty and crime, and considering the irreparable damage his absence could cause the city’s international relations, he opted to forego court in the hope that the matter could be postponed to a later date.

He contacted his attorney, Danie Gouws, minutes before boarding the plane, asking him to make the necessary arrangements with the court.

“I acted in good faith with the honest belief that attending the conference was in the best interest of the people of Nelson Mandela Bay. I accept full accountability and reaffirm my commitment to this court and the legal processes,” Van Niekerk said.

Van Niekerk and Gouws intimated that failure to attend the conference in Germany could have resulted in millions of rands worth of lost opportunities and went so far as to say that the visit “saved lives”.

During cross-examination, senior state advocate Ken Cooney reiterated the timeline leading up to Van Niekerk’s departure, saying he had ample time to take the court into his confidence and make prior arrangements for the trial date to be pushed back.

‘Self-inflicted’

He said the deputy mayor’s so-called Catch-22 was self-inflicted, and his explanation for missing court was insufficient.  

“Your failure to attend court was your own fault,” Cooney told Van Niekerk.

Majali agreed with Cooney, saying that throughout the entire process to arrange the trip abroad, Van Niekerk had the opportunity to notify the court. However, his failure to do so showed disregard not only for his own matter, but for other matters on the court roll.

She convicted Van Niekerk of contempt of court and sentenced him to one month’s imprisonment or a fine of R2,000, which he paid before leaving the court building.

His matter was postponed until Wednesday, 8 October, for his trial to commence.

Van Niekerk is not in custody and is out on warning. DM