The former mayor of the Nelson Mandela Bay metro, Gary Van Niekerk, who was demoted to deputy mayor last month, has been charged with alleged cyber fraud and contravention of the Municipal Finance Management Act (MFMA).
The Sunday World can exclusively reveal that Van Niekerk was on Thursday served with a J175 summons instructing him to appear before the Specialised Commercial Crimes Court in Gqeberha on December 12.
The Serious Commercial Crime Investigation Unit unearthed damning information that led to Van Niekerk being slapped with four counts of charges.
Of the four counts, two relate to cyber fraud, while the other two are linked to MFMA.
“The complainant, a councillor of the ACDP, alleged that on 8 June 2022 Mr Gary Van Niekerk addressed a letter to Boqwana Burns Attorneys, Gqeberha and presented himself as councillor of the Nelson Mandela Bay Municipality by undersigning a letter in the capacity as Cllr Gary Van Niekerk and allegedly presented himself as ‘Speaker of Council,’ reads the case docket, which we have seen.
“Mr Gary Van Niekerk took it upon himself to appoint Boqwana Burns Attorneys subsequent to the declaration of vacancies of three Northern Alliance PR (proportional representative) councillors at the time. The council made temporary appointments of acting speakers as per council minutes for all council meetings.
“As a result of the misrepresentation allegedly made by Mr Gary Van Niekerk, Boqwana Burns Attorneys have issued a letter of demand to the Nelson Mandela Bay Municipality’s Municipal Manager for payment of the sum of R 551 586.00 for service rendered. It was later established that Mr Van Niekerk also appointed another law firm, Mc Williams and Elliot, without the necessary approval or authorisation.”
The 51-year-old, who is president of the National Alliance, formerly Northern Alliance, “suspect was served with J 175 summons to appear in the Specialised Commercial Crime Court, Gqeberha, on 2024-12-12 for first appearance”.
Van Niekerk woes do not end there, as he is also facing suspension or expulsion from council following internal investigations that fingered him for the same crimes he is now charged for.
The Herald on Tuesday reported that Van Niekerk was facing a bleak political future after an ad hoc committee of the municipality that was probing the allegations against him found that he should be suspended or removed.
“On Monday, the committee again found him guilty of violating the code of conduct for councillors and breaching the provisions of the Municipal Finance Management Act (MFMA) after concluding its investigation. It submitted a report to speaker Eugene Johnson on Tuesday, signed by members in her offices,” reported the Herald.
Johnson was expected to table the report to council today, after which, if adopted, to forward the same to MEC for Cogta Zolile Williams for the final decision.
Van Niekerk is part of the coalition government in the Bay led by the ANC which includes other parties such as EFF, UDM, PAC, AIC, and AIM.
Attempts to get Van Niekerk’s comment proved fruitless, and he did not respond to written questions.
