The Democratic Alliance has filed a motion in Nelson Mandela Bay council to investigate whether Deputy Mayor Gary van Niekerk remains fit to hold office following his recent contempt of court conviction. Van Niekerk, from the National Alliance, has vehemently denounced the move as political vandalism. The action stems from his failure to attend a fraud trial court date while traveling abroad.
In Nelson Mandela Bay, tensions have escalated in local politics after the Democratic Alliance's Morné Steyn and Gustav Rautenbach submitted a motion on October 27, 2025, calling for an investigation into Deputy Mayor Gary van Niekerk's suitability as a councillor. The motion urges the council's Rules and Ethics Committee and Eastern Cape MEC for cooperative governance Zolile Williams to probe whether Van Niekerk can continue in office after his conviction for contempt of court earlier this month.
Van Niekerk was found guilty of contempt for skipping the start of his fraud trial to attend a conference in Germany. He explained in court that he was acting 'in the best interests of Nelson Mandela Bay and its people,' focusing on job creation and poverty alleviation, and that the conflict slipped his mind. The court fined him R2,000, with the arrest warrant held pending further appearances.
The DA councillors argue that a conviction for a crime involving dishonesty disqualifies one from council office, citing the Code of Conduct for Councillors. They request immediate investigations by the Speaker and MEC Williams. Van Niekerk, in a statement on October 26, 2025, rejected the motion outright: 'Let this statement serve as my absolute, vehement rejection of the baseless and malicious motion brought against me for my removal from council. This action is not driven by law or ethics; it is a transparent, desperate and frankly pathetic act of political vandalism enacted by a faction within the DA that is terrified of accountability.' He described the contempt as 'administrative' and claimed he had paid the fine and apologized.
Van Niekerk faces additional charges of cyberfraud and contravention of the Municipal Finance Management Act from 2022, related to unauthorized legal bills exceeding R570,000. He accuses the DA of retaliation for his role in a no-confidence motion that ousted former DA mayor Retief Odendaal, despite it being initiated by the EFF. In November 2024, a multiparty committee found him guilty of ethics violations but MEC Williams opted for a serious reprimand instead of suspension.
Van Niekerk maintains his innocence in dishonesty offenses and positions himself as a defender against corruption in the DA, claiming he shared evidence with party leaders Helen Zille and Andrew Whitfield to no avail.