He's been charged with violating Covid-19 regulations after allegedly organising a gathering last July outside the Escourt Correctional Centre.

It's where former president Jacob Zuma was imprisoned after being found in contempt of court.

Niehaus, who has been suspended by the ANC, was set to appear for trial in the Escourt Magistrate's Court on Monday. 

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However, his legal team has asked for a postponement. 

KZN National Prosecution Authority Spokesperson Natasha Kara says the matter has been moved to Thursday and Friday.

"The matter had been set down for trial however, today in court legal representation for Niehaus, asked for a postponement. Their request was to obtain further video footage.

"The postponement was granted by the court and the matter was postponed to 17 and 18 February 2022 for trial."

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Nkosentsha Shezi from the so-called radical economic transformation group, was at the court to support Niehaus.

He says the charges against him are trumped up.

"It is a waste of state resources. In fact, I have alluded to the fact that everybody who holds the defending view from the white monopoly capital puppets within the ANC has been subjected to politically charged cases to force them to step aside from the leadership of the ANC and further undermine the decision and wisdom of branches of the African National Congress who in their wisdom elected leaders at the 54th National Elective Conference at Nasrec.”