Nelson Mandela Bay Deputy Mayor Gary van Niekerk Fined R2,000 for Contempt of Court After Missing Fraud Trial Date
Gqeberha, 07 October 2025 – Nelson Mandela Bay Deputy Mayor Gary van Niekerk was found guilty of contempt of court on Monday in the Specialised Commercial Crimes Court, after failing to appear for the start of his fraud trial last month. The court fined him R2,000 or 30 days in prison, and he chose to pay the fine right away. This comes amid his ongoing fraud case, where he faces nine charges linked to claims worth about R169,000 for overtime and fuel allowances from his time as a councillor.
Van Niekerk said he was caught in a tough spot, choosing city business in Germany over court, but the magistrate called it his own fault for not remembering the date. The ruling has sparked debate about public servants balancing duties, with some praising his focus on economic gains for the city, while others question his priorities. As the trial now moves to Wednesday, it highlights ongoing issues in local government accountability. Van Niekerk has apologised, saying he never meant to disrespect the court.
The case has drawn attention since Van Niekerk skipped the September start date, leading to a full inquiry where both sides presented evidence. His defence argued the trip was key for the city’s future, but the state said he knew about the date well in advance.
The Contempt Inquiry: What Happened in Court
The inquiry kicked off after Van Niekerk did not show up last month, with defence attorney Danie Gouws leading evidence to explain why. Van Niekerk testified that he was on official municipal work in Germany, part of his role in international relations. He said he was talking to Gouws about the trial just as he was boarding the plane, and claimed he did not know the date because it was not in his diary.
He told the court he got a tip-off from a social media screenshot about the court date the day before, which is when he called Gouws. They decided Gouws would contact state prosecutor Kenny Cooney the next morning to update him. Van Niekerk described it as a “catch-22” – stay for court or go to Germany for deals that could help the city.
In his words, he made a “value judgment call” as a public servant, putting the people of Nelson Mandela Bay first. He pointed to the bad economy, with job cuts at places like Goodyear, Ford, and possibly Aspen, saying the city needed German investment badly. He also mentioned funding for HIV and Aids fights, especially after US cuts under President Donald Trump, saying “saving lives” was on his mind.
Van Niekerk stressed it was never his plan to disrespect the court by not showing up.
State’s Response and the Guilty Finding
State Prosecutor Kenny Cooney argued that Van Niekerk simply forgot the date, and that was his own mistake. He said Van Niekerk knew about the Germany trip long before, so he created the problem himself. “The whole situation was created by your own fault,” Cooney told him.
Magistrate Nolitha Bara agreed, finding Van Niekerk guilty of contempt. She sentenced him to a R2,000 fine or one month in jail. He paid the fine on the spot. The main fraud trial was put off to Wednesday.
Background on the Fraud Charges
Van Niekerk’s trial stems from his time as a councillor for the National Alliance party between 2016 and 2021. He faces nine fraud counts for allegedly putting in fake claims for overtime and fuel allowances, totalling R169,000. The case has dragged on, with earlier appearances where he pleaded not guilty.
This is not his first brush with legal trouble – past reports mention other inquiries, but this one focuses on the claims. As deputy mayor, he handles international relations, which led to the Germany trip for talks on investments and partnerships.
Van Niekerk’s Apology and Public Reaction
After the ruling, Van Niekerk put out a statement apologising to the court, the people of Nelson Mandela Bay, and his family. He said he takes full blame for the mix-up and is committed to his duties. “I humbly accept the court’s decision and will abide by it,” he said.
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