ANC moves to oust deputy mayor Van Niekerk

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Nelson Mandela Bay deputy mayor Gary van Niekerk is facing fresh threats of removal from his position — and this time the onslaught is coming from the ANC.

On Thursday, ANC councillor and safety and security political head Luyanda Lawu, seconded by three other councillors, including human settlements political head Thembinkosi Mafana, filed a motion of no confidence against Van Niekerk.

But a defiant Van Niekerk said the motion was simply retaliation for his recent public criticism of the metro’s governance and service delivery failures.

In his motion, Lawu cited Van Niekerk’s ongoing cyber fraud case as one of the reasons he should be removed.

Van Niekerk’s case centres on his appointment of Boqwana Burns Incorporated back in 2022 to handle various legal matters at a cost of R575,000.

His position as speaker of council at the time was uncertain because suspended city manager Noxolo Nqwazi had already declared vacancies in the council 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 that by appointing them, Van Niekerk had attempted to circumvent the Municipal Finance Management Act.

“During this time, DEM [deputy executive mayor] was briefly removed from council and his position as council speaker due to his party internal matters,” Lawu wrote.

“DEM is accused of using his position and municipal funds to obtain legal representation with credentials he did not have at the time.

“Later DEM solicited legal opinion from another law firm, McWilliams & Elliott.

“While the firm was listed as a preferred service provider, his request for a legal opinion was denied by the accounting officer at the time, Mr Selwyn Thys.”

Safety and security political head Luyanda Lawu (Werner Hills)

Lawu wrote that Van Niekerk had already been found guilty of breaching the councillor’s code of conduct for allegedly using municipal vehicles for personal use and had damaged three cars, including a rental.

He also referred to “non-full disclosure of international trips which demonstrates a lack of commitment to the principles of good governance, transparency and accountability”.

Lawu said Van Niekerk had allegedly issued “illegal” instructions to officials, which he said should be investigated.

Asked why the decision had been made to submit a motion now, four months before the local government elections, Lawu said it was long overdue.

“Gary is unbecoming now because what he’s doing is he’s making himself a champion while there’s a mayor,” Lawu said.

“This is not about his recent remarks about the mayor.

“For the deputy mayor to take officials and issue an instruction not to listen to us, we can’t remain and watch it happen.”

He said that previously coalition partners who might have held grievances were prevented from speaking out because they needed to keep the alliance intact, but the time had since come to act.

“We’ve reached a point where it’s too much,” Lawu said.

The coalition is made up of the ANC, with 47 seats, NA (3), EFF (8), DOP (2), PAC and AIC, with one seat each.

However, Ward 27 ANC councillor Sicelo Mleve was shot dead in his office in June.

And without the NA, the coalition would be left with only 58 seats.

After the 2021 local government elections, the ANC had 48 seats, the same number secured by the opposition DA.

Earlier in July, Van Niekerk launched a blistering attack against mayor Babalwa Lobishe, accusing her of sabotaging service delivery and blocking initiatives to improve matters in the metro.

He described her as the biggest stumbling block to the coalition.

Responding to a question on this matter, Van Niekerk maintained he had acted within his constitutional and governance responsibilities by asking provincial and national government for intervention to address the city’s electricity and water crises.

“Over the past several months, I have consistently raised concerns regarding the state of governance in Nelson Mandela Bay,” he said.

“These concerns have not been made lightly, nor have they been motivated by personal interests.

“They have been driven by my constitutional and ethical duty to act in the best interests of the residents of Nelson Mandela Bay.

“Where municipalities experience persistent service delivery failures that negatively affect residents, it is both appropriate and responsible to engage provincial and national government in seeking assistance.

“Such engagement reflects the principles of co-operative governance contained in the constitution and is intended solely to ensure that the people of Nelson Mandela Bay receive the services they deserve.

“I make no apology for advocating on behalf of our residents.

“My responsibility is to use every lawful and appropriate avenue available to improve service delivery and restore public confidence in local government.”

Van Niekerk defended his decision to speak openly through the media and criticised the administration’s decision to halt his proposed “Operation Top 100” turnaround plan, saying it was aimed at improving roads, fixing water leaks, restoring streetlights, repairing traffic signals and strengthening public safety.

“The motion also refers to pending legal proceedings and other matters that are already before the appropriate legal and administrative forums.

“I remain committed to allowing those processes to take their course and will continue to respect the rule of law.

“I do not believe that matters which are properly before the courts should be used to advance political arguments.”

Van Niekerk said that should the motion be tabled, he would respect whatever the outcome was, adding that he would continue to serve residents.

The director in the speaker’s office, Dumisani Mbebe, confirmed having received the motion against Van Niekerk, as well as one against Lobishe, which was submitted by GOOD councillor Lawrence Troon.

“The one of councillor Troon will be matured after the meeting of July 21, meaning it will form part of the meeting of August 6 and the one of councillor Mafana and Lawu, it is in terms of Rule 25.1 which deals with a motion without a notice,” Mbebe said.

“The motion qualifies to be entertained but it is the prerogative of the chair of council, which is the speaker, to grant that kind of consent,” Mbebe said.