Nelson Mandela Bay Deputy Mayor Gary van Niekerk will ‘reveal the truth’ during fraud trial

Despite being dealt another blow by Gqeberha’s Specialised Commercial Crimes Court on Monday, Nelson Mandela Bay Deputy Mayor Gary van Niekerk seemed in high spirits, saying he could not wait for his trial to get under way next year.

On Monday, the court set aside the representations which he had hoped would get the charges against him withdrawn.

His submissions will have no impact on proceedings, and the matter will proceed to trial in May 2026.

“When this trial sits, we are finally going to get the truth. I’m looking forward to cross-examining the State witnesses because they are the ones that should be in the dock and not myself,” Van Niekerk told the media after his brief court appearance.

He brought an application for the charges against him to be withdrawn based on representations he submitted to the Director of Public Prosecutions last month.

However, the court ruled that his representations were not sufficient to warrant a withdrawal of the charges, and his application was dismissed.

He faces charges of cyberfraud and contravention of the Municipal Finance Management Act related to a legal bill of more than R550,000 that he racked up in 2022, which, according to the State, was done fraudulently.

Read more: Deputy Mayor Gary van Niekerk charged with fraud over alleged misuse of municipal funds

According to the charge sheet, Van Niekerk was removed as a councillor and from his position as council speaker after squabbling with his party, the Northern Alliance.

He was reinstated following a court order, but it is alleged that he used a letterhead of the Office of the Speaker and municipal funds to obtain legal representation for himself.

The State further alleges that he initially approved legal services from the law firm Boqwana Burns Incorporated, which was not listed as one of the municipality’s preferred service providers

Later, he solicited legal opinion from another law firm, McWilliams & Elliott. While the firm was listed as a preferred service provider, Van Niekerk’s request for a legal opinion was denied by the acting city manager at the time, Selwyn Thys.

Van Niekerk claims that the legal opinions were sought as part of his crusade against corruption, and centred around the appointment of Noxolo Nqwazi as Nelson Mandela Bay city manager in March 2022.

Read more: NMB deputy mayor Gary van Niekerk comes out swinging after court appearance

Since he was formally charged and made his first court appearance nearly a year ago, Van Niekerk’s woes in and out of court have continued.

Reprimanded

He was suspended from the council shortly after his first court appearance, only for the MEC for cooperative governance and traditional affairs, Zolile Williams, to reverse the council decision. Williams did not pardon his actions, but merely reprimanded Van Niekerk before reinstating him.

More recently, Van Niekerk was convicted of being in contempt of court after opting to make a political visit to Germany rather than appear before magistrate Khuselwa Majali.

His claim that his court appearance “slipped his mind” as he was more focused on securing foreign investment, creating jobs and “saving lives” was rejected, and Majali convicted him and fined him R2,000.

Read more: Nelson Mandela Bay deputy mayor Gary van Niekerk guilty of contempt of court

Last week, Van Niekerk dodged a motion in council for Williams to investigate his suitability to hold his position following the conviction.

Speaker Eugene Johnson cancelled the hearing of all motions during the council meeting, drawing criticism from opposition political parties, which accused Johnson of protecting Van Niekerk.

Read more: DA accuses ANC speaker of protecting Nelson Mandela Bay deputy mayor Gary van Niekerk

After his court appearance on Monday, Van Niekerk said he would consult with his attorney on whether to take the representations to the National Director of Public Prosecution for consideration.

He said it was unfortunate that his trial had been postponed for six months, as he could not wait for the opportunity to clear his name.

“I would love for this trial to get under way, so that the public can hear why is it that there are so many potholes? Why is it that our lights are not working? Why is the city dirty? Why are they not receiving services?

“[It is] because of officials that are protecting one another. There is collusion happening, and I am the one trying to stop that collusion. The very person accused of corruption is actually the whistleblower.”

Van Niekerk claimed that the State told him that if he admitted guilt to a fraction of the charges, it would “scrap 99%” of the case against him.

“But the consequences of that are so dire. I cannot plead guilty, even to the most minute charge. It will be against my name and I will lose credibility — and that is the most important thing,” said Van Niekerk.

His trial is scheduled to begin on 18 May 2026. DM