Suspended Nelson Mandela Bay Deputy Mayor Gary van Niekerk made a brief appearance in the Specialized Commercial Crimes Court on Wednesday.
Van Niekerk faces two counts related to cybercrime and two for allegedly contravening the Municipal Finance Management Act.
He allegedly unlawfully, falsely, and with the intention to defraud, brought two law firms under the impression that he was authorised to instruct them to perform legal work.
The legal work pertained to Van Niekerk challenging his expulsion from the then Northern Alliance (NA).
The amount involved for both law firms amounted to more than R570,000.
During 2022, Van Niekerk was a member of the NA, a municipal councillor, and the Speaker of the Nelson Mandela Bay Municipality.
As a result of alleged disciplinary issues, the NA terminated the accused party membership, and the then-city manager, Noqolo Nqwazi, declared his seat vacant with the Independent Electoral Commission (IEC).
According to the charge sheet, Van Niekerk did not fulfil the role and functions of Speaker from 23 March to 13 September 2022.
Pursuant to successful legal challenges and by an order of the court, he was reinstated to his council positions on 13 September 2022.
The charge sheet states that Van Niekerk hired the services of Boqwana Burns Attorneys (BBA) on 8 June 2022, allegedly without authority and in defiance of Supply Chain Management Processes or procedures.
Each financial year, a panel of attorneys is selected after relevant tender processes have been completed.
During 2022, BBA was not on the panel.
Three months later, in December 2022, after Van Niekerk's reinstatement as a councillor, he wished to obtain legal advice on council procedures.
The then City Manager declined this request and allegedly communicated to Van Niekerk, who is said to have instructed Mc Williams Elliot anyway.
The law firm later demanded payment for services rendered by the accused in his private capacity.
State Advocate Kenny Cooney told the court that the defence was in the process of forming written representations.
Though no further details were given, the representations pertain to Van Niekerk's innocence.
The details of previous court cases heard before the Gqeberha High Court will seemingly also come into play.
The case was postponed to give the defence time to submit their representations and for the state to submit their replies.
During a marathon council meeting in December, Van Niekerk was suspended from his job.
Fifty-six Councillors voted for his suspension, while 48 voted for him to be dismissed from council.
The case was postponed to 21 February.
The accused is out on warning.
