While Nelson Mandela Bay deputy mayor Gary van Niekerk insists he will not take a plea deal offered by the state, the National Prosecuting Authority has rubbished his claims, saying no such offer has been made.
Van Niekerk was speaking outside the city’s commercial crimes court on Monday after his case was postponed.
He faces charges of cyber fraud and contravening the Municipal Finance Management Act.
State lawyer Ken Cooney requested a postponement after informing magistrate Khuselwa Majali that the director of public prosecutions had rejected the representation submitted by the accused.
Van Niekerk’s team filed the representation in October on the date the trial was set to start.
It was then delayed for the director of public prosecutions to consider the representations.
This was after Majali found him in contempt of court for skipping his previous appearance to attend a conference in Germany.
He paid a R2,000 fine.
Cooney informed the court on Monday that the state was ready to prosecute the case.
In agreement with the defence, he requested that the matter be postponed to May 18 for trial.
Speaking about the so-called plea offer, Van Niekerk said a deal was on the table for him to plead to a minor charge.
He, however, rejected this.
“I can’t plead guilty,” he said.
“It’s my conviction that tells me that I can’t plead guilty to anything.
“ I did not commit any crimes.
“I shouldn’t be standing at the dock.”
The criminal trial involves Van Niekerk’s appointment of Boqwana Burns Incorporated in 2022 for various legal matters at a total cost of R575,000.
His position as speaker at the time was uncertain because city manager Noxolo Nqwazi had already declared vacancies in the council seats held by his party, the National Alliance.
It is further alleged that Boqwana Burns was not on the municipality’s list of approved legal service providers, and by appointing them, Van Niekerk attempted to circumvent the MFMA.
Van Niekerk said he could not plead to a lesser charge, as doing so would undermine his credibility.
“I’ve been in many, many negotiations, but we are now in a position where the state is saying take this pre-deal,” Van Niekerk said.
“But the consequences of that are so dear, I cannot plead guilty, even to the most minute charge.
“It will be something that will be against my name.
“I will lose credibility in my communities, and it’s the most important thing.
“If I don’t have that credibility to say that ‘I am the one that’s fighting corruption, I am the one that’s making sure that we deliver proper services to our communities’.
“That’s the narrative here that’s not coming out,” he said.
NPA spokesperson Luxolo Tyali rubbished Van Niekerk’s claim that he was offered a plea deal.
“No plea negotiations were brought by the defence at all, and the NPA categorically denies ever offering the accused person such.
“We are not at liberty to divulge contents of representations made by the defence to the DPP as they are made without prejudice and remain confidential,” he said.
The Herald
