Johannesburg – Floyd Brink’s attempt to hang on to his City Manager job failed on Monday after the high court turned down his request to appeal an earlier ruling that nullified his appointment.
The Democratic Alliance (DA), which brought the matter to court, claimed “victory”.
The DA said Brink was now the ex-Johannesburg City Manager.
Judge Budlender dismissed the leave to appeal with the costs of two counsel.
Judge Budlender said he had considered three grounds of appeal raised during oral argument and the remaining grounds raised in the application for leave to appeal and heads of argument.
Judge Budlender said he was of the view that:
- the proposed appeal bears no prospects of success; and
- there is no other compelling reason for leave to appeal to be granted.
Commenting further on the ruling the DA’s Cllr Belinda Kayser-Echeozonjoku said: “It is clear for everyone but the Doomsday Coalition in the Johannesburg executive, that Floyd Brink’s appointment, as pointed out in the initial judgment on the 7th of November, is unconstitutional, unlawful and invalid.”
“While the executive has wasted hundreds of thousands of rands in this cumbersome legal process the city continues to slide down the hill,” Cllr Kayser-Echeozonjoku
“Our goal has always been to safeguard the citizens of Johannesburg against the illegal conduct that the ANC/EFF/PA Doomsday Coalition is so well known for.
“This underscores that commitment to constitutionality and the rule of law.
“We pointed out earlier this month that Floyd Brink’s forced expulsion was yet another reason for the dissolution of the Johannesburg Council. Today, our stance in this matter is, once more, vindicated.”
The DA said the appointment of the city manager was yet another example of a corrupt regime, trying to deploy yet another one of their cadres.
“This is the reality of the City of Johannesburg, and the reason they are failing,” said Cllr Belinda Kayser-Echeozonjoku.
“When our motion to dissolve the City’s Council is debated, every party will have to decide what they are comfortable with.
“Their conscience should dictate whether they are willing to allow this vapid syndicate to continue their mismanagement of the City of Gold.”
