The Hawks’ Serious Commercial Crime Investigation Unit in Gqeberha has secured a conviction against Nelson Mandela Bay Deputy Mayor Gary Stanton Van Niekerk (51) after he failed to appear before the Specialised Commercial Crimes Court last month.
Van Niekerk’s conviction comes after his failure to appear in court on September 10, where he was due to answer to charges of misrepresentation and abuse of authority.
The case follows allegations that he falsely posed as the council’s speaker in 2022 and unlawfully appointed law firms to act on behalf of the metro.
Appointed himself acting council speaker
According to the Hawks, Van Niekerk allegedly wrote to a Gqeberha law firm on June 8 2022, claiming to be the speaker of the Nelson Mandela Bay Metro council. Acting without authorisation, he went ahead to appoint the firm to handle matters related to the declaration of vacancies for three Northern Alliance PR councillors.
The move raised concern after the municipality later received a R550 000 bill from the firm for services rendered. Hawks’ spokesperson Captain Yolisa Mgolodela said: “Council records confirmed that temporary speakers had been duly appointed in accordance with council resolutions. Mr Van Niekerk’s unilateral actions were therefore both irregular and unauthorised.”
Further investigation revealed that Van Niekerk later appointed another law firm, again without proper council approval or delegation of authority.
Warrant of arrest issued
When Van Niekerk failed to appear in court on September 10, Magistrate Kuselwa Majali issued a warrant for his arrest, which was later stayed pending his return. He finally appeared before the Gqeberha Specialised Commercial Crime Court on October 6, where he was found guilty of contravening the Criminal Procedure Act for failing to appear as required.
The deputy mayor was sentenced to a fine of R2 000- or 30-days’ direct imprisonment and chose to pay the fine.
According to IOL, in his defence, Van Niekerk maintained that his trip abroad was in the city’s best interest.
“I went to Germany to prevent job losses, rising crime, and the collapse of HIV programmes in our city,” he told the court. “I sacrificed myself for the people of Nelson Mandela Bay.”
Hawks officials, however, dismissed the justification, insisting that “no one is above the law.”
“Regardless of position or political standing, all accused persons are expected to respect court processes,” Mgolodela added.
The main criminal case, involving allegations of misrepresentation and unauthorized appointments, was postponed to Wednesday for continuation.
