The deputy mayor of Nelson Mandela Bay will go on trial for alleged cyber fraud
THE ACCUSED
Gary van Niekerk
Image: Facebook, via SABC
After his attempt to stop a fraud case against him failed in court on Monday, Gary van Niekerk, the deputy mayor of Nelson Mandela Bay, will stand trial next year.
Van Niekerk made a fleeting appearance at Gqeberha's Specialized Commercial Crimes Court.
He faces charges of contravening the Municipal Finance Management Act, including alleged cyber-fraud linked to the irregular appointment of legal firms while he was council speaker in 2022.
According to the charge sheet, Van Niekerk allegedly authorised payments of more than R570,000 for legal advice without following municipal procurement procedures.
His lawyer, Danie Gouws, filed written representations in October.
The state reviewed the submission but decided to proceed with prosecution.
The trial has been set down for next year May.
An internal municipal investigation previously found that Van Niekerk had breached the councillor code of conduct and violated provisions of the MFMA.
The findings were referred to the Eastern Cape Department of Co-operative Governance and Traditional Affairs.
Van Niekerk, who maintains his innocence, served as Nelson Mandela Bay mayor from May 2023 until October 2024 before taking up the role of deputy mayor.
The fraud matter is not Van Niekerk's only legal setback.
Last month, Van Niekerk was found guilty of contempt of court after failing to appear at a scheduled council meeting while he was abroad in Germany on what he called official business.
He had to pay a fine of R2,000.
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