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“Gary van Niekerk Must go”

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Is what Lance Grootboom alleges in his video release below.

ACDP Eastern Cape leader Lance Grootboom and Lawrence Troon, GOOD Councillor laid criminal charges against Executive Mayor Gary van Niekerk today, 12 September 2023.

The complainants allege that:

  1. On 8 June 2022 Gary van Niekerk entered into a contract with a legal firm on behalf of the municipality thereby binding the municipality to payment of R500 000.
  2. This happened at a time when Gary van Niekerk was not a Councillor. Because a vacancy had occured at that period and a number of replacement speakers had been appointed.
  3. The law states that Councillors are not allowed to interfere in the administration and, according to the MFMA, that is a criminal offence – Municipal Finance Management Act, Act 56 of 2003. *
  4. van Niekerk ‘purported to be a councillor’ hence the ‘fraud’ charges as he misrepresented himself as being a Councillor and Speaker whilst he was not.
  5. That the legal services contracted on behalf of the City were actually for Gary van Niekerk in his PERSONAL Capacity hence the theft charges.

* The MFMA states:

Reporting of improper interference by councillors

103. The accounting officer of a municipal entity must promptly report to the speaker of the council of the entity’s parent municipality any interference by a councillor outside that councillor’s assigned duties, in-

(a) the financial affairs of the municipal entity; or
(b) the responsibilities of the board of directors of the municipal entity.

So, by extension, there are now TWO people in trouble: the Municipal Accounting Officer of the time AND Mayor Gary.

UPDATE:

Executive Mayor Gary van Niekerk issued this statement:

The action by the ACDP is a feeble attempt to gain relevance in a political environment where it simply lost its identity, as it is now a watered-down version of the DA.

Despite the action against my political party, we had an interdict in place that prohibited our removal as Councillors. Since I was elected as the Speaker of Council, by the majority of the Municipal Council, I fulfilled my duties as required, to the best of my abilities.

In all the matters listed by the ACDP, I acted in defense of the Nelson Mandela Bay Municipality, in my official capacity. The ultimate Order of the Court confirmed our good standing as Councillors.

A vote of no-confidence, as part of this frivolous campaign, will be for political expediency and not because of any transgressions.

The progress gained through the good work of the Government of Local Unity, is now a threat to our detractors, hence they are grabbing at straws to discredit our administration.

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Alan Straton

Chief Cook, Bottle Washer and Broom Mechanic at MyPE
Passionate about Port Elizabeth and definitely NOT packing for Perth. Alan's ethos is epitomised in the words of Nelson Mandela; "I have fought against white domination and I have fought against black domination. I have cherished the idea of a democratic and free society. If need be, it is an ideal for which I am prepared to die." See more articles by Alan.