On 20 June 2023 the Defenders of the People served a notice on the Office of the Speaker of the Nelson Mandela Bay Council to bring a Motion of No Confidence in newly appointed Nelson Mandela Bay Executive Mayor, Gary van Niekerk.
DOP Councillor Tukela Zumanzi, supported by Councillor Luxolo Nanette gave notice in Terms of Rule 25 of the Council and Orders, read in conjunction with section 58 of the Municipal Structures Act 117 of 1998 that hey will be applying for the removal of the Executive Mayor of the Nelson Mandela Bay Municipality, Councillor Gary van Niekerk.
Zumanzi and Nanette aver that van Niekerk has acted in direct breach of Section 2 (q) and (b) of the CODE OF CONDUCT FOR COUNCILLORS (Schedule 1 ammended by ss.45 and 46 of Act 51 of 2002) which reads as follows:
A councillor must:
(a) perform the function of office in good faith, honesty and a transparent manner; and
(b) at all times act in the best interest of the municipality and in such a way that the credibility and integrity of the municipality are not compromised.
Essentially Zumanzi and Nanette say that:
- van Niekerk was elected on 26 May 2023 as Executive Mayor
- the IEC confirmed on 28 May 2023 that van Niekerk’s political party name had changed from Northern Alliance to National Alliance
- van Niekerk proceeded to whthhold this information from the NMBM Council, the accounting officer and the residents of the City until 19 June 2023.
In amplification DOP say:
During the period 28 May to 19 June van Niekerk misled Council by not correcting mentions of the Northern Alliance in two Council meetings which brought the council into disrepute causing unecessary and irreversible embarrassment to council.
During the period 28 May to 19 June van Niekerk “deliberately misled” the accounting officer who, in turn, unwittingly misled National Treasury and other government departments when she exercised her duty to inform them of the change in government by falsely informing them that the Office of the Mayor was occupoed by Gary van Niekerk of the Northern Alliance.
During the period 28 May to 19 June van Niekerk residents of Nelson mandela Bay were mislded into believing that their city is led by a Mayor from the Northern Alliance.
Zumanzi and Nanette conclude by saying; “Two days into office, Councillor Gary van Niekerk did not perform the function of office in good faith, honestly or in a transparent manner, He has neither acted in the best interest of the municpality, nor has he acted in such a way that he credibility and integrity of the municipality are not compromised.”
And what the residents of Nelson Mandela Bay expected to happen after the ousting of Retief Odendaal has now come to pass – from a different side to be sure but a salutary lesson for wanna-be mayors everywhere; “Live by the sword, Die by the sword!” Of course if the vicious rumours about our friend Gary are true then we need to change that saying to; “Live by the DOP, Die by the DOP!”
Alan Straton
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