Johannesburg – The Mayor of Johannesburg Kabelo Gwamanda is now “studying” the high court judgment nullifying the appointment of the City Manager Floyd Brink.
On Tuesday, the High Court of SA Gauteng Local Division, Johannesburg, declared Brink’s appointment as city manager as “unconstitutional, unlawful, and invalid”.
Acting Judge Steven Budlender found that the City of Johannesburg had breached its own rules when it appointed Brink as city manager and it should rescind it.
The acting judge gave the City of Johannesburg 10 days to appoint a new city manager.
The full judgment said:
- 1. The decision of the second respondent, the Council of the City of Johannesburg Metropolitan Municipality (“the Council”), on 22 February 2023 to: a. rescind the prior decision to readvertise the position of the City Manager; and b. authorise the Executive Mayor to apply “corrective measures pertaining to the recruitment process of the City Manager, Mr Floyd Brink, as a matter of urgency”, is declared unconstitutional, unlawful and invalid.
- 2. The decision of the Council on 23 February 2023 to a. approve the appointment of the fourth respondent, Mr Floyd Brink (“Mr Brink”), as City Manager; b. authorise the Executive Mayor to offer Mr. Brink a 5-year fixed term 23 employment contract; and c. authorise the Executive Mayor or his nominee to negotiate and finalise the “terms of conditions” of the fixed term employment contract, remuneration, performance contract, and security clearance of Mr. Brink, is declared unconstitutional, unlawful and invalid.
- 3. Any employment contract and/or performance contract any of the respondents may have concluded with Mr. Brink pursuant to the decisions in paragraphs 1 and/or 2 above are declared unconstitutional, unlawful, and invalid.
- 4. The orders in paragraphs 1 to 3 are suspended for ten court days from the date of this order to allow for the appointment of an Acting City Manager.
- 5. Decisions taken, and acts performed, by Mr Brink in his official capacity will not be invalid by reason only of the declarations of invalidity contained in paragraphs 1 to 3.
- 6. The applicant’s costs shall be paid by the first, second, third, fifth, and sixth respondents, jointly and severally, including the costs of two counsel.
Reacting to the judgment, the City of Johannesburg said: “Mayor Gwamanda was studying the judgment and will in due course advise on the City’s reaction to its contents”.
The City added: “We wish to reiterate our commitment to acting in the best interests of residents of the city and its administration at all times. We shall not be deterred nor distracted even in this instance”.
Mayor Gwamanda said: “In our attempts to insulate administrative responsibility from political bigotry and in line with our priority of good governance and stabilising the City of Johannesburg, we continue to expect and view these litigious actions with a dim view”.
The matter was brought to court by the Democratic Alliance (DA).
After the ruling, the DA said: “It has been vindicated by the high court Judgment declaring Floyd Brink’s appointment by the ANC/EFF/PA coalition, as Johannesburg’s City Manager unconstitutional, unlawful, and invalid”.
The DA added: “We welcome the judgment and call on the City to immediately implement the remedies ordered by the court”.
