Fearing job losses, rising crime, and the collapse of HIV programmes, Nelson Mandela Bay deputy mayor Gary van Niekerk says he “sacrificed” himself by flying to Germany — just three days before he was due in court.
But that decision came at a cost.
His absence from court on September 10 infuriated magistrate Kuselwa Majali so much that she issued a warrant for his arrest.
The warrant was stayed until he returned to explain himself.
On Monday, Van Niekerk appeared before the Gqeberha Specialised Commercial Crimes Court, talkative and defensive, pleading with Majal not to send him to prison for missing his trial.
But his attempt to persuade Majali not to find him guilty fell flat.
She found him guilty of failing to appear and sentenced him to 30 days’ imprisonment or a fine of R2,000.
He opted to pay the fine.
Van Niekerk faces charges of cyber fraud and contravening the Municipal Finance Management Act.
The case stems from more than R570,000 in allegedly irregular legal payments made to law firms Boqwana Burns Incorporated and McWilliams & Elliott Attorneys.
This was while he was fighting his expulsion from the Northern Alliance (NA).
The NA is a small regional political party based in Nelson Mandela Bay. It has held a few council seats and played a role in coalition politics in the metro.
It is now known as the National Alliance.
However, the party has faced internal tensions, with disputes over leadership and alleged misconduct leading to the suspension and eventual expulsion of Van Niekerk.
The state said Van Niekerk, in his capacity as a councillor, authorised or benefited from municipal funds to cover his personal legal battles with the NA, rather than using his own resources.
The payments were reportedly linked to legal disputes over his suspension and subsequent reinstatement as a councillor in 2022.
His trial was meant to start on September 10, but when he did not appear, his lawyer, Danie Gouws, told the court that his client was on an official trip to Germany.
That explanation did not go down well with the magistrate, who issued the arrest warrant.
When Van Niekerk finally took the stand on Monday, he said he was not dodging justice but carrying out his official duties as deputy mayor in charge of international relations.
“I went because lives were at stake,” he said.
“I will never undermine the rule of law.
“We needed funding for HIV programmes, commitments that could save jobs, and initiatives to reduce crime in the city.”
Gouws asked him if people could have died if he had not gone to Germany.
Van Niekerk said “absolutely”.
He explained that the trip to Braunschweig, Germany, had been planned months earlier as part of a city partnership aimed at securing investment and technical support.
The visit, he said, was fully funded by the German hosts — flights, visas, accommodation and meals all covered.
“I was caught in a catch-22,” he said.
Van Niekerk told the court that as he stood at Chief Dawid Stuurman International Airport on September 7, he realised too late that his court appearance was only three days away.
He said the date had not been diarised — an error he blamed on his personal assistant.
During cross-examination, prosecutor advocate Kenny Cooney pressed him hard on that point.
“Do you agree it was your own fault that you were sitting at the airport at the eleventh hour and boarding a flight to Germany, skipping the first day of trial?” Cooney asked.
“It was a self-inflicted catch-22 situation,” the prosecutor continued.
“You forgot your own court date. You’re blaming someone else. You’re not taking accountability.”
Van Niekerk admitted that it was his mistake.
“It was my fault and no one else’s,” he said. “Everything was chaotic and happened very fast.”
Cooney then referred to a letter that Gouws had handed up in court on September 8.
The letter, dated September 5, requested permission for Van Niekerk’s absence.
The prosecutor pointed out that this contradicted Van Niekerk’s testimony that he only realised the conflict on the day of his flight.
“That doesn’t line up,” Cooney said.
“You claim it slipped your mind until September 7, yet there’s a letter dated September 5 asking to miss court.”
Van Niekerk responded that the date on the letter was a mistake.
“It should have been September 7,” he said.
Cooney also challenged him on what he described as “downtime and leisure” during the Germany trip.
“You had plenty of time for dinners and social engagements,” Cooney said.
Van Niekerk disagreed.
“That’s completely wrong,” he replied.
“I was working.”
Earlier, Van Niekerk had read his affidavit for the absence inquiry into the record.
“Do I stay behind and disappoint our partners after they’ve invested so much, or do I go and risk missing court?” he said.
“But the stakes were too high — lives, jobs and public safety were on the line.”
He said Nelson Mandela Bay was under immense pressure, with factory closures, rising unemployment and high crime.
International partnerships, he said, were often the only way to get funding for projects that helped vulnerable communities.
He insisted that the Braunschweig conference was not a ceremonial event.
“The conference was not a photo opportunity,” he said.
“It was a working engagement focused on securing funding for youth programmes, technical training and HIV support. Every meeting had meaning and every commitment could help our people.”
Van Niekerk said the city’s International Relations Subcommittee had endorsed the visit months before, but final approval from the mayor’s office came only a day before departure.
By then, he said, cancelling would have wasted money and embarrassed the city internationally.
He told the court that he had informed Gouws of his travel plans before departure and that the missed date was a scheduling oversight.
“There was no record of the trial date in my calendar,” he said. “It was an oversight, not defiance.”
But Cooney dismissed that argument, saying that Van Niekerk’s position as deputy mayor required accountability.
Despite Van Niekerk’s lengthy defence, Majali was unmoved.
She ruled that his absence was unjustified and that he had failed to take adequate responsibility for ensuring his attendance.
Outside the court, Van Niekerk said: “I stand by my reasons. I went to Germany to save lives, secure jobs, and reduce crime. I never intended to disrespect the court.”
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