Nelson Mandela Bay Deputy Mayor Gary van Niekerk will stand trial in May 2026 on charges of cyber fraud and contravening the Municipal Finance Management Act (MFMA), after the National Prosecuting Authority (NPA) refused a plea deal, according to statements from the NPA and reports by IOL and The Herald. The charges relate to allegations that, in 2022, Van Niekerk authorised payments exceeding R570,000 to legal firms without following municipal procurement procedures.
Details Of The Charges And Internal Findings
The NPA confirmed that Van Niekerk is accused of cyber fraud and MFMA violations after an internal investigation found he had breached the councillor code of conduct and specific MFMA provisions. The municipal probe determined that procurement regulations were not followed in authorising the payments, which were meant for legal services.
Van Niekerk has denied any wrongdoing. Speaking to The Herald, he said: “I was not found guilty of theft, fraud or any act of dishonesty. This is what this motion is based on.”
Contempt Of Court And Motions To Unseat
In October 2025, Van Niekerk was found guilty of contempt of court for not appearing at a scheduled council meeting while abroad in Germany. He was fined R2,000 for this offence, according to court documents and ENCA reports.
Following the contempt conviction, a motion was filed in council to investigate whether Van Niekerk was fit to continue serving as deputy mayor. The Herald reported that this motion specifically cited his failure to attend the council meeting as the basis for the inquiry into his suitability for office.
Political Climate And Next Steps
Nelson Mandela Bay’s executive leadership has come under criticism for ongoing governance and service delivery issues. Local politician Bill Harrington stated on Algoa FM: “Under the current Executive Mayor, Nelson Mandela Bay has faced serious governance and service delivery failures.”
Van Niekerk’s trial is scheduled for May 2026. Until then, his position as deputy mayor remains under scrutiny, with further council action possible pending the legal process.