The mayor of Nelson Mandela Bay, Gary van Niekerk, wants Cooperative Governance and Traditional Affairs (Cogta) MEC Zolile Williams to intervene in the Speaker's alleged "blatant disregard" of his position.

In a letter addressed to Williams, dated 10 November 2023, Van Niekerk said he had "serious concerns" about the actions of the Speaker, Eugene Johnson, toward him and the coalition.

He said she should be investigated because he was not the cause of all the allegations levelled against him.

After Johnson confirmed last month that she had put together an investigative team to probe allegations of fraud against Van Niekerk, she allegedly handled the process incorrectly, according to the mayor.

The investigation stems from claims made by the Eastern Cape leader of the African Christian Democratic Party (ACDP), Lance Grootboom, who claimed that, although Van Niekerk was not 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 African Christian Democratic Party early in September.

The investigation was then taken over by the Hawks.

In the letter, Van Niekerk stated that the correct procedure was for Johnson to report the matter to the rules and ethics committee, something that was agreed upon in a virtual meeting with Williams on 27 October.

However, in a subsequent troika meeting, Johnson allegedly insisted that the investigative committee do the investigation.

This committee was to be chaired by a third-party representative, including members of the Democratic Alliance (DA), to investigate the allegations against Van Niekerk.

He also mentioned in the letter that Johnson had allegedly been engaging with expelled members of his party, who are "known to be colluding with the DA to take over government".

Furthermore, in a response sent to Johnson, Van Niekerk laid out the reasons why he believed she had a conflict of interest with regard to the investigation, and it should be handed over to the rules and ethics committee.

According to Van Niekerk, he tried his best to "protect the sanctity of council" while Johnson and the now-suspended City manager, Noxolo Nqwazi, were allegedly "colluding" to get Nqwazi permanently employed at the municipality.

He placed the blame for fraud-accused Nqwazi's appointment, and the subsequent wasteful and fruitless expenditure incurred, squarely on Johnson's shoulders.

"It is clear that the council resolution did not appoint Nqwazi as the City manager as the meeting lacked the necessary quorum to vote and pass a resolution. This ongoing irregular and unlawful administrative decision taken [by the Speaker] has caused and will continue to cause ongoing risk to the Nelson Mandela Bay Municipality," Van Niekerk said.

On Monday, Johnson told News24 that Van Niekerk's allegations were baseless.

She said Nqwazi was appointed by council and not by her as mayor at the time.

"The mayor's powers are vested in council. Council tells you what to do, and you implement that," Johnson said.

When asked about the claims of her speaking to ousted members of the National Alliance, Johnson said she could talk to whoever she wanted to because it was not who you spoke to, but what you spoke about.

She added that she would not participate in a to-and-fro debate with Van Niekerk in the media, but would speak to him personally.

"I don't want to comment when it comes to the mayor's allegations. This [fraud allegation] has not even reached council and will only be tabled in council now [on Thursday]. The mayor must wait until the item goes to council," she said.

"It is not the Speaker that speaks to parties, it's the organisation and, with us, it is done on a provincial level. I don't deal with coalition talks. That is not something I do.

"Our organisation [ANC] does not allow us to make statements in the media insofar as these things are concerned."

The Cogta MEC's spokesperson, Pheello Oliphant, confirmed that Williams had received the letter from Van Niekerk.

"The MEC will reply in due course," he said.