Deputy mayor of Nelson Mandela Bay municipality Gary van Niekerk. (Photo: Gallo Images / Die Burger / Lulama Zenzile) A busy court roll might jeopardise the beleaguered Nelson Mandela Bay deputy mayor’s chances of launching his political campaign from the dock of the Gqeberha Specialised Commercial Crimes Court.
Appearing in court on Tuesday, Gary van Niekerk was adamant that his trial take place before the local government elections on 4 November, as he wants to use it as a platform to “reveal the truth about corruption” in the city and influence voter opinion about himself.
However, the delays in getting the trial under way were in no small part due to his own actions when his absence from proceedings last year, to attend a conference abroad, impeded the case’s progress.
His mission to Germany, to “create jobs and save lives”, ultimately led to additional proceedings that resulted in his conviction and a fine for being in contempt of court.
Van Niekerk 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 fraudulent.
His trial was scheduled to start last month, but Magistrate Khuselwa Majali was booked off sick on the scheduled dates.
When the case returned to court on Tuesday for a trial date to be arranged, Van Niekerk, seated in the dock, became visibly agitated when court officials began discussing possible trial dates in December and early next year.
Several alternative dates were tabled, but all were dismissed as one or more of the parties had scheduling conflicts.
After private discussions with his attorney Danie Gouws, the court briefly adjourned for Gouws and senior state advocate Ken Cooney to discuss alternative arrangements, with Majali in chambers.
Upon returning to court, the prosecution and defence agreed to return to court on 24 July for “narrowing down the issue” leading up to the trial. However, Van Niekerk did not clarify exactly what this would entail.
“My attorney has advised me not to say certain things, but I promise you, I will tell you guys at a later stage,” Van Niekerk told members of the media after court proceedings.
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He said the trial needed to begin before the upcoming local government elections as he believed the evidence before the court would prove his innocence and show the people of Nelson Mandela Bay how to vote, as it would reveal who the “most corrupt” officials and politicians were.
“I need my name cleared before the elections. The people who are supposed to be sitting in court need to be held accountable.”
Among the names he bandied about and accused of corrupt activities were former mayors Eugene Johnson and Retief Odendaal, the city’s former chief financial officer Selwyn Thys, suspended city manager Noxolo Nqwazi and ACDP councillor Lance Grootboom, who laid the initial charges against Van Niekerk.
The charges
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.
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 Thys, the acting city manager at the time.
Van Niekerk maintains that he sought the legal opinions as part of his crusade against corruption, centred on the appointment of Nqwazi as NMB city manager in March 2022.
/file/dailymaverick/wp-content/uploads/2023/10/DSC_5478-copy1.jpg "Suspended city manager Noxolo Nqwazi (Photo: Deon Ferreira)")
Despite being granted an earlier court date, it is still doubtful that the case will be finalised before the elections, but Van Niekerk reiterated that the trial was crucial as he expected it to influence how people would cast their votes.
“The voters need to know the truth so that they can make an informed decision. I am here to expose the cabal that is trying to tie me up in court.
“It is costing me hundreds of thousands of rands for legal representation, but I don’t care. I am here to do the right thing, to tell the truth before court, and to fight corruption,” Van Niekerk said.
Van Niekerk was arrested in December 2024 and has since made several court appearances.
His trial was initially set down to begin in September 2025, but he considered a political visit to Braunschweig, Germany, to be more urgent.
Despite his efforts to paint a picture of a noble mission aimed at securing funds and partnerships with NMB’s so-called “Sister City”, Majali found Van Niekerk guilty of contempt of court.
The contempt of court conviction included a R2,000 fine and has set the trial back by months. DM