DA accuses ANC speaker of protecting Nelson Mandela Bay deputy mayor Gary van Niekerk

Nelson Mandela Bay council speaker Eugene Johnson cancelled the hearing of all motions during the council meeting on Tuesday, without giving any reasons, after a motion was filed for a debate on whether deputy mayor Gary van Niekerk is still a fit and proper person to serve in council.

Read more: Deputy mayor lashes out over motion to decide whether he is still fit for position

Earlier this month, Van Niekerk was found guilty of contempt of court and fined after he went overseas instead of attending his trial on, among other charges, cyberfraud and contravening the Municipal Finance Management Act.

The DA’s Morne Steyn said Johnson’s ruling was a blatant attempt to stop the council from debating the issue. He said the speaker had demonstrated bad faith and undermined the constitutional right to democracy while eroding the council’s ability to hold members accountable through due process.

“The DA maintains its position that Van Niekerk is not a fit and proper person to hold office as a councillor, much less as the deputy mayor. The Eastern Cape MEC for Cooperative Governance and Traditional Affairs, Zolile Williams, the speaker, and the ANC-led coalition are only focused on his protection and the interests and survival of the current governing coalition,” Steyn said.

‘Rules are clear’

Councillors had recently attended a workshop on council rules, and Steyn was quick to point out to Johnson that the rules were clear that a motion delivered in time and correct in procedure had to be heard. He said if she had investigated the matter, as Johnson claimed she had, it had to be referred to the Rules and Ethics Committee – something that had not been done.  

Johnson said she had written to Williams for guidance and offered to share her letter, but Steyn said she did not have the authority to do so in the first place. Steyn said the motivation by Williams, who had previously ruled in Van Niekerk’s favour after he was found guilty of transgressing council rules – and had merely given him a “strong reprimand”– was “questionable at best”.

“We remain steadfast in our efforts to secure Van Niekerk’s removal as both deputy mayor and councillor, pending the outcome of the criminal proceedings against him.

“The DA will not stand by idly and allow the erosion of our democratic rights and will pursue all further avenues to hold Van Niekerk and the speaker to account,” Steyn said.

A person found guilty of an offence involving dishonesty must, by law, be removed from the council, but contempt of court is not one of the named offences. However, Steyn argues that for Van Niekerk to be found guilty of contempt of court, the court must have rejected his version of events, which amounts to a dishonesty offence.

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

Van Niekerk appeared to be unbothered by the debate, and Johnson told him at one stage: “Can we get your attention because it is about you.”

Several councillors who had attended a workshop on the rules of council pointed out to Johnson that she was wrong. Councillor Lawrence Troon from the Good party said he would now break every rule in council in response to Johnson’s ruling.

The ACDP’s Lance Grootboom was equally scathing. “You disappoint me once again,” he said. “You know it is wrong. You are not the speaker of the ANC.” 

The latest drama involving Van Niekerk comes as the Treasury reclaimed R140-million in unspent conditional grants – a lapse that occurred while Van Niekerk was mayor of the metro. 

Read more: NMB deputy mayor Gary van Niekerk comes out swinging after court appearance

The reasons provided by the Treasury are that the city is still run by an acting city manager. The permanent city manager, Dr Noxolo Nqwazi, is facing a corruption charge, among other matters, with a ruling in her trial expected at the end of November. 

The Treasury has refused to approve a golden handshake for Nqwazi without a finalised disciplinary hearing, but that hearing is dragging on. A controversial legal opinion has also found that the chances of the metro succeeding with disciplinary charges against Nqwazi are slim.

Executive mayor Babalwa Lobishe said she would take up the Treasury decision in an intergovernmental forum, as she believed the Treasury was being inconsistent. DM