Nelson Mandela Bay deputy mayor Gary van Niekerk avoids removal from office, but suspended amid fraud charges

National Alliance president Gary van Niekerk has been suspended as the deputy mayor of Nelson Mandela Bay Municipality amid fraud allegations.

Van Niekerk made his first appearance at the Gqeberha Specialised Commercial Crime Court in Eastern Cape on Thursday, facing charges including cyber fraud and contravening the Municipal Finance Management Act (MFMA).

This follows the Hawks’ issuance of a summons last month compelling him to appear in court.

The case has been postponed to 15 January for further investigation.

Deputy Mayor Gary Van Niekerk suspended

A Democratic Alliance (DA) councillor filed a motion of no confidence against Van Niekerk on 15 November after the summons was issued.

The motion was set to be tabled at a council meeting on Thursday but was delayed when Nelson Mandela Bay speaker Eugene Johnson claimed she had not received the DA-sponsored motion.

Consequently, the matter was postponed to the next council sitting in 2025. Meanwhile, the council decided to suspend Van Niekerk.

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After hours of deliberations, 56 councillors in the 120-seat council voted in favour of Van Niekerk’s suspension, with 46 against.

Nelson Mandela Bay mayor Babalwa Lobishe later told reporters that suspending her deputy would ensure the continuation of council operations.

“Remember there are functions that are delegated to his office, and we are not going to continue as if nothing has happened – it’s going to hamper some of the functions allocated to him as well,” she said.

Cogta MEC roped in

Lobishe stated that the council has referred Van Niekerk’s matter to the MEC for Cooperative Governance and Traditional Affairs (Cogta) Zolile Williams.

“We could not take a decision of suspending him without following due process of getting a motion in place so that he is then removed. This was the best we could do to deal with this situation.”

She further indicated that Van Niekerk will remain an ordinary councillor, but will lose the executive benefits tied to his position, such as a driver and VIP protection.

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Addressing claims of internal mishandling of the DA motion, Lobishe suggested that it was a communication oversight rather than an attempt to shield Van Niekerk.

“Either way, we had the item on the table, and I think it was just a communication mishap internally because the director in the speaker’s office didn’t confirm whether he received the information or not,” the mayor explained.

Gary Van Niekerk fraud allegations

Van Niekerk stands accused of fraudulently obtaining legal representation in 2022 when he appointed Boqwana Burns Attorneys despite instructions from the acting municipal manager not to do so.

This decision resulted in the Nelson Mandela Bay Municipality being billed R551 586.

He is also reportedly accused of soliciting a legal opinion from McWilliams and Elliott Incorporated, costing R23 393.

An ad hoc council committee, which investigated claims of misconduct against Van Niekerk, found him guilty of violating the MFMA and breaching the code of conduct.

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The committee recommended his removal or suspension from office, a fine, and reimbursement of the misappropriated funds.

Van Niekerk’s political trajectory has been marked by a series of scandals and conflicts within his own party.

He served as council speaker from November 2021 until his election as mayor in May 2023.

His mayoral tenure, however, was also marked by no-confidence motions.

The National Alliance councillor was demoted to deputy mayor in October 2024.