NMB Speaker unilaterally and unlawfully blocks DA’s motion against Gary van Niekerk

Issued by Cllr Morne Steyn – DA NMB Spokesperson for Rules and Ethics
28 Oct 2025 in Press Statements

It has become evident that the ANC-led coalition government in Nelson Mandela Bay will stop at nothing to protect its compromised Deputy Mayor, Cllr Gary van Niekerk, by obstructing disciplinary processes and investigations against him.

Today, 28 October 2025, the Democratic Alliance’s motion calling for disciplinary action against Van Niekerk and his referral to the Eastern Cape MEC of Cooperative Governance and Traditional Affairs (CoGTA), Zolile Williams, for investigation and possible suspension was unlawfully and procedurally disallowed.

At the commencement of the Council meeting, the Speaker unilaterally and unlawfully ruled that no motions tabled for the meeting would be debated. There is no authority or precedent granting the Speaker such powers. The only criteria for the competency of a motion is that it be submitted timeously, a requirement confirmed by the Speaker’s office, and that it complies with procedural format, meaning it must be signed by both the mover and the seconder.

This blatant abuse of power by the Speaker demonstrates bad faith and undermines our constitutional right to democracy and erodes Council’s ability to hold members accountable through due process.

The DA maintains its position that Van Niekerk is not a fit and proper person to hold office as a Councillor, much less as the Deputy Mayor. The MEC for CoGTA, the Speaker, and the ANC-led coalition are only focused on his protection and the interests and survival of the current governing coalition.

We remain steadfast in our efforts to secure Van Niekerk’s removal as both Deputy Mayor and Councillor, pending the outcome of the criminal proceedings against him.

The DA will not stand by idly and allow the erosion of our democratic rights and will pursue all further avenues to hold Van Niekerk and the Speaker to account.

The residents of Nelson Mandela Bay deserve better. Together we can get NMB working again.