Nelson Mandela Bay Executive Mayor Gary van Niekerk will remain in his position after Judge Denzil Potgieter issued an interdict on Wednesday to prevent his seat – and that of fellow councillor Stag Mitchell – from being declared vacant by the city manager, and their membership of the National Alliance from being terminated.

The tumultuous politics of Nelson Mandela Bay was once again thrown into chaos when, on 9 October, the seats of Van Niekerk and Mitchell were declared vacant by city manager Noxolo Nqwazi.

Nqwazi acted on the strength of a letter received by her from a rival faction within the National Alliance. The party is beset by internal problems and currently has two opposing sets of leaders.

Muriel Edgar, a founding member of the party, said she and Mitchell were regarded as the “mom and dad” of the National Alliance and they were supporting Van Niekerk.

Nelson Mandela Bay Executive Mayor Gary van Niekerk arrives at the Gqeberha High Court, Eastern Cape on 18 October 2023. (Photo: Deon Ferreira)

Nelson Mandela Bay Executive Mayor Gary van Niekerk (right) and councillor Stag Mitchell at the Gqeberha High Court, Eastern Cape. (Photo: Deon Ferreira)

“Those other people [referring to the rival faction] have hijacked us. They can go start their own party,” she said.

“You see this heart on the National Alliance’s logo? This is for love. Those other people belong in the sewer.”

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In papers before court, Van Niekerk argued that he saw the notice of his seat being declared vacant on Facebook and had not been informed about it by the city manager. 

He said this was in contravention of a settlement agreement between him, Mitchell and Nqwazi, where she undertook to inform them if the rival faction of their party again suspended or terminated their membership. 

Van Niekerk said it was well established in law that the city manager could not do this without consulting both him and Mitchell. 

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He said that if they were allowed to be removed, it could be more than a year before they managed to re-establish their seats. 

“Any number of unlawful acts may have occurred in the meantime,” he said.

Nqwazi has declared vacancies for seats held by Van Niekerk and Mitchell several times since the 2021 local government elections.

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Judge Potgieter, who heard the first part of a case brought by Van Niekerk and Mitchell, said it was in the interest of justice that he make an immediate ruling and provide reasons later.

He ruled that pending a judicial review of the decision by Nqwazi to declare the vacancies of the two councillors, the Electoral Commission was interdicted from amending its records showing that Van Niekerk and Mitchell’s seats were vacant.

Van Niekerk is determined to take disciplinary action against Nqwazi. He said given the balance of power in Nelson Mandela Bay, any decision taken without him and Mitchell would be likely to result in a stalemate.

Neither the ANC nor the DA won enough seats in council to rule after the 2021 local government elections and must be in a coalition government to remain in power.

Nqwazi was arrested by the Hawks in October 2022 for her alleged role in the unlawful signing off of a R24-million tender for toilets to be installed in informal settlements. The tender was awarded during the pandemic-related National State of Disaster.

Nqwazi is standing trial with the metro’s former human settlements director Norman Mapu; Nelson Mandela Bay ANC regional secretary Luyolo Nqakula; businessman Xolani Masela and his spouse, Nwabisa; and former DA councillors Trevor Louw, Neville Higgins and Victor Manyathi.

All have pleaded not guilty.

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According to the charge sheet, the three councillors were paid to vote for a motion of no confidence in a previous DA mayor, Athol Trollip, in 2018.

Finance Minister Enoch Godongwana has requested that action be taken against Nqwazi. He said he would release R781-million in grant funding only on the condition that this was done. 

Van Niekerk has also laid charges of fraud and corruption against the members of the rival National Alliance faction led by sitting councillor Bevan Brown and the party’s “other” president, Japie Jansen.

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Van Niekerk is himself under investigation for fraud for allegedly illegally procuring legal services for the Office of the Speaker when on a previous occasion Nqwazi declared his seat vacant. DM