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More delays as committee probing Nelson Mandela Bay mayor's fraud case fails to sit again

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More delays as committee probing Nelson Mandela Bay mayor's fraud case fails to sit again

Nelson Mandela Bay Mayor Gary van Niekerk
Nelson Mandela Bay Mayor Gary van Niekerk

28th November 2023

By: News24Wire

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Economic Freedom Fighters (EFF) and African National Congress (ANC) councillors in the Nelson Mandela Bay (NMB) metro have launched attempts to remove the chairperson of the investigative committee probing fraud allegations against the mayor, Gary van Niekerk.

As such, there have been delays in the investigation.

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The latest attempt on Monday proved unsuccessful - again - because the legal representative of the committee could not attend the meeting and it had to be adjourned.

It means the DA's Rano Kayser remains in the chairperson's seat for the time being.

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The committee will attempt to meet for a third time on Wednesday - and ANC and EFF councillors are adamant they will fight to remove Kayser as chairperson.

In the meantime, the investigation is at a standstill because the committee members are caught in this endless power struggle.

To make matters worse, the EFF councillor who seconded Kayser's nomination to chair the committee has withdrawn from the committee.

In a letter written to the Speaker, Eugene Johnson, dated 23 November 2023, the councillor, Pepsi James, cited "personal reasons and obligations" as the driving force behind his withdrawal from the committee.

However, speculation is rife in the DA that James was forced by his party to remove himself from the committee because he supported Kayser's election.

News24 previously reported that, due to in-fighting among some of the councillors on the committee, which comprises all the political parties in the metro, the investigation has already faced numerous delays.

Its establishment was approved in a council meeting on 16 November.

The investigation stems from claims made by the African Christian Democratic Party's (ACDP's) Lance Grootboom, who said, that although Van Niekerk had not been the Speaker of the Nelson Mandela Bay council for several months in 2022, he used the official letterhead and signatory of the office to appoint Boqwana Burns Attorneys and rack up legal bills to the tune of R551 586.

Charges of fraud were laid against Van Niekerk by the ACDP in September.

The case is under investigation by the Hawks.

Kayser wrote a letter to Johnson last week, to say that the ANC and EFF councillors left the meeting on Wednesday.

According to the parties, they left the meeting because there was no agenda and no secretariat present, which meant that Kayser's election could be contested.

Therefore, when a second meeting sat on Friday, the two parties allegedly tried to re-elect a chairperson, but Kayser said he would not stand down because his election process was "flawless".

On Monday morning, before the meeting, EFF regional spokesperson Khanya Ngqisha told News24 they would be electing a new chairperson.

"On Friday, we agreed that today [Monday], we will revisit that process and allow democracy to prevail with the election of a chairperson," he said.

Ngqisha said Kayser could fight the process - but, at the end of the day, democracy must prevail.

"If the majority of the councillors feel that the process was not flawless, the process needs to be redone. If others feel different about it, the matter will be put to a vote for democracy to prevail."

Kayser, however, believes this is just an attempt by the two parties to undermine the committee.

"It's a political ploy to slow down the process. It is plain and simple just politics because they believe that the committee cannot be led by a member of the opposition," Kayser said.

The spokesperson for Cooperative Governance and Traditional Affairs MEC Zolile Williams, Pheello Oliphant, said the reasons to remove the chairperson of the ad hoc committee should be compelling, otherwise the committee should proceed with its work.

"In most instances, the chairpersons of the ad hoc committees of councils can only be removed by a two-thirds majority of the committee members after they have tabled the matter before the municipal council," Oliphant said.

"The terms of reference of the ad hoc committee should clearly spell out the steps the committee must follow to remove the chairperson," he said.

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