A motion to remove Nelson Mandela Bay’s suspended deputy mayor Gary van Niekerk from the position failed during a council meeting on Thursday.
At the meeting, 60 councillors voted against the motion while 50 voted in favour.
The other 10 councillors were absent.
The motion was tabled by DA councillor Morne Steyn.
Tabling the motion, Steyn said everyone had seen pictures of Van Niekerk sitting in the dock at the Gqeberha commercial crimes court.
Van Niekerk, who remains a councillor after being suspended as deputy mayor, made his first court appearance on December 12.
He faces four charges, including cyber fraud and violating the Municipal Finance Management Act (MFMA).
His suspension came after ACDP councillor Lance Grootboom reported a case to the police.
Van Niekerk is accused of hiring local law firm Boqwana Burns Incorporated in 2022 when his seat in council was declared vacant by now-suspended city manager Noxolo Nqwazi.
He then racked up a legal bill of about R552,000.
During a December council meeting, Van Niekerk was suspended as deputy mayor following a court appearance.
Earlier in January, he made a second appearance.
An ad hoc committee appointed by the council to investigate claims of misconduct against Van Niekerk found him guilty of going against the provisions of the MFMA and the code of conduct for councillors.
This led to the councillors voting for his suspension.
“I believe he is not a fit and proper person to hold the position of deputy mayor,” Steyn said.
“I believe he is not even fit to be a councillor but we can’t remove him and as such I propose we remove him as deputy mayor and elect a new deputy mayor.”
Van Niekerk was seen in council earlier on Thursday.
However, by the time the motion was tabled, he had left.
Speaker Eugene Johnson attempted to ask councillors to vote on whether to entertain the motion.
However, DA councillor Rano Kayser interjected, saying the motion had been submitted via the normal rules and procedures of the council.
“What you are doing is in total contravention of the law. The motion must be entertained.
“Council does not have the discretion to decide whether to entertain it or not.”
ACDP councillor Lance Grootboom said Van Niekerk should sue the municipality as the decision to suspend him was wrong.
“Here is the motion, if you want to remove him legally.
“Gary is still the deputy mayor. You can’t remove a deputy mayor without giving proper notice.”
The Herald
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