In stark contrast to the quiet manner in which Nelson Mandela Bay deputy mayor Gary van Niekerk left court on Monday, he came out swinging on Wednesday, pointing fingers and laying blame at the feet of other politicians for the charges he faces.
He specifically targeted former mayor and current DA mayoral candidate Retief Odendaal, calling him “the most corrupt politician in the metro”.
The deputy mayor of Nelson Mandela Bay made a brief appearance before the Gqeberha Specialised Commercial Crimes Court on Monday, where his matter was postponed until 3 November for the Director of Public Prosecutions (DPP) to decide how to proceed with the matter.
This comes after Van Niekerk’s legal team submitted representations to the DPP, which could impact the charges against him.
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‘Whistleblower’
“I’ve always been very comfortable that I’ve never done anything wrong. I’ve been a whistleblower from the word go, if you look at where this whole thing started,” Van Niekerk said, addressing the media outside court.
He faces charges of cyberfraud and contravention of the Municipal Finance Management Act. The matter dates back to 2022, when Van Niekerk allegedly racked up legal bills amounting to more than R570,000 when he was not authorised to do so.
Read more: Nelson Mandela Bay Deputy Mayor Gary van Niekerk set to stand trial for cyberfraud
Shedding light on his representations, Van Niekerk said the legal advice he sought pertained to the appointment of Noxolo Nqwazi as Nelson Mandela Bay city manager in March 2022.
He argued that he had always been “the one at the forefront” of stamping out corruption with his efforts to prevent Nqwazi’s appointment.
“I wouldn’t say that I am once again the guy sacrificing himself, but I was at the forefront as the speaker, as the leader of council. That is where all these requests for legal assistance came from.
“I am the whistleblower who is now standing in the dock. I am the one who put my neck out and said, ‘not on my watch will I allow such corruption to take place.’ And here I am now, being accused of stealing money and being corrupt.”
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Derisive media reports
His comment about self-sacrifice was aimed at media reports earlier in the week, following his contempt of court conviction after he missed a previous court date in September to attend a conference in Germany.
During the inquiry into his absence from court, Van Niekerk and his attorney intimated that lives would have been at stake if he had failed to attend the event, leading to several derisive reports. He expressed his “disappointment” in certain media outlets for openly mocking him.
Read more: Nelson Mandela Bay deputy mayor Gary van Niekerk guilty of contempt of court
Van Niekerk claimed that his innocence in the matter against him had already been proven, after MEC for Cooperative Governance and Traditional Affairs Zolile Williams reversed the council decision in December to suspend him when he was formally charged.
He claimed that the MEC’s intervention acquitted him of any wrongdoing. However, Williams’ verdict did not pardon his actions, but simply stated that Van Niekerk be reprimanded, rather than booted from the council.
Retief Odendaal in the crosshairs
While addressing the media, Van Niekerk also took a swing at the DA and its mayoral candidate, Retief Odendaal.
He blamed Odendaal for not stepping up and acting against corruption during his tenure as Nelson Mandela Bay mayor.
“I’ve just seen on Monday that Retief Odendaal has been announced as the DA’s mayoral candidate. I can tell you this much: Retief Odendaal is the most corrupt politician in this metro. It is because of him that we are in this mess.”
When contacted for a response to Van Niekerk’s statement, Odendaal declined to comment as he is a State witness in the matter against the deputy mayor. He referred any queries on the matter to DA provincial leader Andrew Whitfield.
Whitfield said Van Niekerk was in no position to point fingers at Odendaal as their individual track records directly contradicted his statements.
“Gary has no credibility to point fingers at Retief for being corrupt. Retief is the most hardworking mayor this city’s had in recent memory, securing clean audits and stamping out corruption.
“Gary is in and out of court, while Retief is in and out of the communities to provide services,” Whitfield said.
State prepares response
During court proceedings, senior state prosecutor Ken Cooney asked that the matter be remanded to allow the State to prepare its response to the representations submitted by the defence on Monday.
“This is a very detailed set of representations that merit a very detailed response from the prosecution,” Cooney said.
He said the representations could have an impact on some of the charges against Van Niekerk, which could expedite the matter. He plans to submit a detailed report to the DPP, who will make a final decision.
The case was postponed to 3 November. DM
Nelson Mandela Bay deputy mayor Gary van Niekerk addressed the media after his court appearance, where he was found guilty of contempt of court. (Photo: Riaan Marais)