Gary van Niekerk speaking during a council meeting on 22 August 2023, when he was Nelson Mandela Bay mayor. (Photo: Gallo Images / Die Burger / Lulama Zenzile) Controversial deputy mayor for Nelson Mandela Bay (NMB), Gary van Niekerk, has confirmed he will be standing in this year’s local government elections – but says delays in his fraud trial are frustrating his plans ahead of the campaign.
Van Niekerk has instructed his attorneys to apply for his trial to be broadcast live, saying the electorate and taxpayers need to see who not to vote for.
Van Niekerk said the trial delays are frustrating for two reasons.
Firstly, he will have to wait longer for his name to be cleared so that he can focus on upcoming elections, his political future and his personal crusade against “the real” fraud and corruption in the city.
And secondly, he believes his trial will uncover the truth behind years of corruption activity and underhanded dealings that have led to the decay of the city.
According to Van Niekerk, the state witness list reads like a who’s who of the city’s most corrupt officials, and he is “excited” for his trial to get underway as soon as possible.
“When you look at the witness list, those names are the people who should be in the dock. Not me. The charges against me are politically motivated, designed to silence a public servant who dared to challenge entrenched corruption within the Nelson Mandela Bay Municipality,” Van Niekerk said.
/file/dailymaverick/wp-content/uploads/2025/11/Gary-v-Niekerk-1-1.jpg "Deputy mayor Gary van Niekerk outside the Gqeberha Specialised Commercial Crimes Court on Monday, 3 November, after hearing that his attempt to have fraud charges withdrawn against him had failed. (Photo: Gary van Niekerk / Facebook)")
He faces charges of cyberfraud and contravention of the Municipal Finance Management Act related to a legal bill of more than R550,000 that he racked up in 2022, which, according to the State, was done fraudulently.
Arrest, then repeated delays
He was arrested in December 2024. Since then court proceedings were hit by one delay after the other, and a trial date was finally set for Monday 18 May.
However, upon arrival at Gqeberha’s Specialised Commercial Crimes Court, the parties involved learned that Magistrate Khuselwa Majali was sick and subsequently booked off, for the entire week set out for Van Niekerk’s trial.
“I am excited for this trial to get underway because I cannot wait for the truth to come out. And now I am frustrated that proceedings will be delayed,” Van Niekerk said.
He is accused of using a letterhead of the Office of the Speaker of Council to obtain legal representation for himself during a period when he did not hold that position.
He was briefly removed from council and his position as council speaker, due to internal squabbles with his former political party, the Northern Alliance.
A court order saw him reinstated, but he is accused of using his position, and municipal funds, to obtain legal representation with credentials he did not have at the time.
The charge sheet reads that he initially approved legal services from the law firm Boqwana Burns Incorporated, which was not listed as one of the municipality’s preferred service providers.
Later, he solicited legal opinion from another law firm, McWilliams & Elliott. While the firm was listed as a preferred service provider, Van Niekerk’s request for a legal opinion was denied by the acting city manager at the time, Selwyn Thys.
Van Niekerk claims that the legal opinions were sought as part of his fight against corruption, and centred around the appointment of Noxolo Nqwazi as NMB city manager in March 2022.
/file/dailymaverick/wp-content/uploads/2025/11/ED_499870.jpg "Gary van Niekerk appears to have become a 'newshound'. (Photo: Gallo Images / Die Burger / Lulama Zenzile)")
On a previous occasion the matter was delayed when Van Niekerk missed a court date to travel to Giessen, Germany for discussions with Braunschweig, a sister city of Gqeberha.
He claimed the visit would potentially create jobs, fight poverty and “save lives”, but despite painting such a noble picture, he was convicted of being in contempt of court and fined R2,000.
Wants his day in court
However, while Van Niekerk said the representation could still be made at any time, he has instructed his attorneys that he would prefer a trial, because he wants his day in court.
“Going ahead with the trial is the only way for those witnesses on the state’s list to account for their actions.
“What has been said in public and in the media about this case is far from the truth. These witnesses against me are the people who should actually be in the dock, and I am looking forward to this trial getting underway.”
Van Niekerk says he wants proceedings to be broadcast live so the public can see him hold himself and others accountable.
Speaking on Tuesday 19 May, after the matter was postponed until 2 June for a new trial date to be fixed, Van Niekerk said he had hoped the matter could be finalised prior to the upcoming elections.
“Myself and my legal team were ready to start on Monday. Unfortunately, now we don’t know when the trial will actually start.
“This matter should be dealt with before the elections, and it needs to be broadcast live, so that the electorate, the taxpayers, can see who not to vote for.
Need to ‘expose corruption’
“They need to understand why the city is the way it is, and we need to expose this cabal of corruption running the city.”
Van Niekerk alleged that his trial will unveil how political meddling in the affairs of the city, and how city officials with interests in political affairs, are hampering progress in NMB.
He added that his party, the National Alliance, is the “only one actively fighting to expose and counter fraud and corruption”, and the only way for them to keep fighting the good fight, is to secure more seats in council with the upcoming elections.
“Having me and my party members is crucial to uncovering corruption and stopping the rot.
“We currently have three seats in council, and the goal is to secure five or six seats later this year,” Van Niekerk said.
He did not elaborate on his personal ambitions and if there are any specific positions he was aiming for should his party secure the seats they desire.
“For now all I want is to clear my name that is being tarnished in the media and online by keyboard warriors,” Van Niekerk said. DM