Suspended Nelson Mandela Bay Deputy Mayor Gary van Niekerk appeared briefly before the Specialised Commercial Crimes Court on Thursday.
He is accused of cyber crimes and allegedly violating the Municipal Finance Management Act (MFMA).
Van Niekerk was summoned to appear before the court following a Hawks investigation that led to his arrest.
According to the charge sheet, Van Niekerk incurred a legal bill of more than R570,000 when he challenged his expulsion from the former Northern Alliance (NA) in 2022.
When the case resumed on Thursday, State Advocate Ulrike de Klerk told the court that the defence did not comply with a court order.
During a previous court appearance, the defence indicated that they wanted to make certain representations to the National Director of Public Prosecutions.
The court subsequently ordered the defence to have their representations ready and filed by Wednesday, but they did not.
Defence attorney Paul Roelofse (who was standing in for Danie Gouws) said he did not have the full details as to why the representation was completed.
He did however say that Gouws had a bout of ill health.
De Klerk further stated that they needed clarity on who was going to represent the accused, noting that Roelofse and Advocate Gustav Rautenbach had previously stood in.
A pre-trial conference was scheduled for 31 March.
Magistrate Kuselwa Majali said all outstanding issues should be finalised on the day before they could proceed to trial.
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 fulfill 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.
This request was declined by the then City Manager, and allegedly communicated to Van Niekerk, who is said to have gone ahead and instructed Mc Williams Elliot anyway.
The law firm later demanded payment for services rendered by the accused in his private capacity.
