Lynn Williams
Nelson Mandela Bay Deputy Mayor Gary van Niekerk appeared before the Specialized Commercial Crimes Court on Thursday for 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.
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.
State Prosecutor Kenny Cooney told the court that the defence was provided with copies of the docket.
Van Niekerk has appointed Gouws Attorneys to act on his behalf
The case was postponed for full instructions on the merits and financial instructions could be obtained.
Van Niekerk will appear in court again on 15 January next year.
