By Anita Dangazele
Defiant Gary van Niekerk insists he is still the mayor of Nelson Mandela Bay, laying out a charge of fraud against city manager Noxolo Nqwazi for declaring his council seat vacant.
Nqwazi wrote to the Electoral Commission (IEC) last week, after receiving a letter from the National Alliance informing her that Van Niekerk had been expelled from the party after a disciplinary hearing.
The letter also said that fellow National Alliance council member Stag Mitchell had also been removed.
Van Niekerk was then removed as mayor — but he believes the move is illegal and will be overturned in court.
On Friday, Van Niekerk opened a case of fraud against Nqwazi at the Humewood Police Station for declaring the vacancies without having done due diligence.
Police spokesperson Colonel Priscilla Naidu confirmed that a case of fraud and contravention of section 27 of the Municipal Structures Act was opened on Friday.
The act deals with the circumstances under which a councillor vacates office.
But Van Niekerk did not stop there. He also wrote a letter to Nqwazi threatening to charge her or any other officials with gross misconduct or insubordination if they dared to implement instructions pertaining to his position.
“As the mayor I hereby instruct you to immediately withdraw and desist from all illegal instructions to any municipal office-bearers,” he wrote.
He said any executive director or municipal office bearer assisting the city manager in performing illegal actions would be charged and may face fraud charges as well.
Another consequence of the declaration meant that the municipality’s corporate services executive director, Nosipho Xhego, had to revoke the appointments of 10 political appointees from the National Alliance.
Co-operative Governance and Traditional affairs MEC Zolile Williams’ spokesperson, Pheello Oliphant, said as municipal manager, Nqwazi acted within the scope of her duties according to the Municipal Structures Act.
“The declaration of a vacancy by the municipal manager triggers an obligation on the IEC to fill the vacancy. This process is prescribed in the Act,” he said.
“Once a vacancy is declared by the municipal manager, the IEC must fill the vacancy from a list of political parties submitted to the IEC during the 2021 local government election from top to bottom.”
Responding to Van Niekerk’s threat to charge officials, Oliphant said a mayor was not allowed to interfere with the day-to-day administration in the municipality.
“Officials within a municipality are answerable to the municipal manager,” he said.
Pictured above: Nelson Mandela Bay Municipality “executive mayor” Gary Van Niekerk.
Image: Facebook
