Nelson Mandela Bay deputy mayor and fraud accused Gary van Niekerk addressed supporters outside the Gqeberha Magistrates’ Court on Wednesday, 29 July 2026, after indicating that he would not accept a plea deal. His trial is set to start in December. (Photo: Riaan Marais) A trial date has been set for fraud-accused Gary van Niekerk after he rejected the State’s plea deal and opted to prove his innocence in court later this year.
A small crowd of supporters cheered loudly when the Nelson Mandela Bay deputy mayor announced this on Wednesday morning after appearing in the Gqeberha Magistrates’ Court.
“I welcome the opportunity to present my case in court. The courtroom, not the media, is where the evidence must be tested. Witnesses must be cross-examined, documents must be scrutinised and the law must be applied without fear, favour or prejudice.
“If I am wrong, the court will say so. If I am right, the truth will emerge,” Van Niekerk said to applause from supporters waving National Alliance flags outside the courthouse.
He will return to the city’s Specialised Commercial Crimes Court on 8 December, where his trial is scheduled to begin.
The charges against him date back to 2022, when he allegedly fraudulently racked up more than R550,000 in legal bills.
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 a preferred municipal service provider.
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 acting city manager at the time, Selwyn Thys.
Van Niekerk maintains his innocence and claims the charges against him were brought to hinder his fight against corruption in the city.
/file/attachments/orphans/GaryNoPlea2_637478.jpg "Nelson Mandela Bay deputy mayor and fraud accused Gary van Niekerk has on previous occasions accused municipal and political officials of corruption and telling half-truths. Some of these officials could be called as State witnesses in his up and coming trial. (Photo: Riaan Marais)")
Had Van Niekerk taken the plea deal, it is believed he would have pleaded guilty to a matter involving R28,000 – an account for the legal opinion not approved by Thys – and the larger sum would not have been taken into consideration.
But this would have probably resulted in Van Niekerk paying a fine and having a criminal record.
While the exact sentence was not disclosed, it could have jeopardised his political future in Nelson Mandela Bay.
Besides the reputational damage and the ammunition it would have given his political rivals as party campaigning ramps up, if the sentence had included a prison term of more than a year (suspended or not), he would no longer have been eligible for a seat in council.
However, none of that is now a factor, and by rejecting the State’s plea deal, Van Niekerk is expected to face the music on all charges levelled against him.
In a statement delivered after his court appearance on Wednesday, Van Niekerk said the legal opinions he sought pertained to the appointment of Noxolo Nqwazi as the city manager in March 2022, and subsequent council meetings when her position was again brought into question after her run-ins with the law.
He questioned procedures whereby Selwyn Thys was appointed as the acting city manager in 2022, and also alluded to what he believed were underhanded tactics around the same time in which certain councillors were absent from important council meetings, preventing a voting quorum and bringing about the collapse of meetings that would have decided Nqwazi’s fate.
As on previous occasions, he pointed fingers at several municipal and political officials who will probably be called as State witnesses, accusing them of corrupt activities and telling half-truths.
Most noticeably, Van Niekerk targeted ACDP councillor Lance Grootboom, the main complainant who laid the charges against the deputy mayor in 2023.
/file/attachments/orphans/LanceGrootboom_133737_382791.jpg "ACDP councillor Lance Grootboom (Photo: Deon Ferreira)")
“Why was that criminal complaint only laid around August 2023, many months after the events in question? Where did the detailed information contained in that complaint come from, particularly regarding invoices and legal fees that were not publicly available? Who provided that information?
“Those are not accusations. They are questions which, in my opinion, deserve answers,” Van Niekerk said.
On Wednesday, Van Niekerk indicated that he was exploring the possibility of civil action against Grootboom, citing defamation and damage to his reputation.
When contacted for comment, Grootboom said he would not comment on the supposed civil action as no such case had been filed.
Concerning Van Niekerk’s allegations of perjury, Grootboom reiterated his previous comments that they were nothing more than an attempt by Van Niekerk to distract attention from his own legal woes.
“I am the main complainant in the case against Van Niekerk, and I will be a State witness during his trial. It would not be appropriate for me to comment on the matter at this stage.
“I will give my account of events when I am called before court,” Grootboom said. DM
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