Johannesburg – The Johannesburg High Court has ordered City Manager Floyd Brink to leave his position due to an improper appointment.
“The fourth respondent [Brink] is directed to resign from his permanent position as the City Manager of the first respondent within 10 days of this ruling, or as soon as an Acting City Manager is put in place, whichever comes first,” the high court stated in its decision issued on Wednesday, (4 December 2024).
The Democratic Alliance, which initiated the legal proceedings, remarked: “Floyd Brink, the City Manager of the City of Joburg (CoJ), is obligated to resign following the Johannesburg High Court’s finding that his reappointment was unconstitutional, unlawful, and invalid.”
This ruling comes after the DA’s challenge to Brink’s appointment in court, which was supported by a coalition of the ANC, EFF, PA, and ActionSA backing his irregular appointment.
“Any employment or performance contract between the CoJ and the now former City Manager, Floyd Brink, has been nullified,” commented Belinda Kayser-Echeozonjoku, DA Johannesburg Caucus Leader.
“The court not only invalidated his reappointment but also mandated that the DA receive compensation for costs incurred during this case,” she added.
“In a decisive ruling, the court reaffirmed what the DA has maintained since the controversial start of Brink’s tenure – the unlawful and unconstitutional actions of the Doomsday Coalition within the CoJ will not be tolerated.
“Today, the CoJ has once again been reminded of the significance of upholding the rule of law.”
Councillor Kayser-Echeozonjoku highlighted that the legal proceedings have led to expenses for the residents of Johannesburg.
In his ruling, Judge Wilson ordered:
- Floyd Brink is required to vacate his permanent position as the City Manager of the first respondent within ten days of this ruling, or as soon as an Acting City Manager is appointed, whichever occurs first.
- The court declares that by issuing the press release titled “City of Johannesburg confirms appointment of City Manager” on 29 November 2023, the City breached its obligations under section 165 (4) of the Constitution to “assist and protect the courts” and uphold the courts’ “independence, impartiality, dignity, accessibility, and effectiveness.”
- The City is instructed to cover the costs of this application, inclusive of the fees for two counsels. Those fees may be assessed on scale “C.”
