Nelson Mandela Bay deputy mayor Gary van Niekerk in court on 12 December 2024.
(Photo: Deon Ferreira) Gary van Niekerk has been backed into a corner with a tough decision to make before he returns to court next week.
The deputy mayor of Nelson Mandela Bay (NMB) faces charges of cyber fraud and contravening the Municipal Finance Management Act (MFMA), but the state has left an enticing plea deal on the table.
Van Niekerk can plead guilty to the lesser of the charges against him, walk away with a fine and start focusing on his political campaign in the lead up to the hotly contested local government elections on 4 November.
But it comes with an admission of guilt and an official criminal record.
Or Van Niekerk, who maintains his innocence, can forgo the state’s offer, take the matter to trial next year, and trust the justice system to clear his name.
However, this will come with hefty legal fees and he will run his political campaign with the proverbial sword hanging over his head.
‘A lot to consider’
It is understood that Van Niekerk’s legal representative has advised him that taking the deal would be in his best interest, but the deputy mayor refused. By the time they left the Gqeberha Regional Court on Friday, Van Niekerk said he had a lot to consider before making a final decision.
“I need to weigh up pleading guilty to something that I know I did not commit, to expedite the process, against spending R1-million to fight this thing next year. And it hangs over my head until then.
“I find myself in a very precarious position,” Van Niekerk said.
The prosecution left the offer on the table and gave him until Wednesday, 29 July, to return to court with a decision.
The charges against him date back to 2022, when he allegedly racked up more than R550,000 in legal bills fraudulently.
The charge sheet reads that he used the letterhead of the Speaker of Council to solicit legal opinions when he did not hold that position.
He approached 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/attachments/orphans/Kyran-Gary_578744.jpg "Deputy Mayor of Nelson Mandela Bay municipality Gary van Niekerk appears at the Gqeberha Commercial Crimes Court for fraud and corruption on February 21, 2025 in Gqeberha, South Africa. (Photo: Gallo Images/Die Burger/Lulama Zenzile)")
It is believed that the plea deal on the table will see Van Niekerk admit guilt to contravening the MFMA in relation to the second legal opinion, and a R28,000 bill that Thys did not approve.
The deal
Speaking after his court appearance on Friday, Van Niekerk confirmed that the deal pertained to the “lesser of the charges”.
“The way my attorney explained it – the punishment will be the equivalent of me having driven over a red light at an intersection. At this stage I am not certain exactly how much the fine will be, but it will be a minor sentence.
“The problem is that it comes with a criminal conviction against my name, and you can be certain that the opposition parties will use that against me in the upcoming elections,” Van Niekerk added.
His case comes against the backdrop of turmoil within the fragile ruling coalition government of NMB.
The ANC-led government is under immense pressure as scrutiny from national government intensifies amid a laundry list of long-standing service delivery challenges throughout the metro.
Meanwhile, van Niekerk and Mayor Babalwa Lobishe are at war, with no-confidence motions looming against both and talk of the metro being put under provincial administration. DM