Johannesburg – Floyd Brink is still the City Manager of Johannesburg after the council found a way of going around the court ruling that nullified his initial appointment.
The City of Johannesburg Metropolitan Council on Wednesday “re-tabled and adopted” its previously adopted report to appoint Brink as the city manager.
The move followed a Judgement of the high court which ruled that the City of Joburg had failed to follow its own procedures in relation to urgent matters requiring council consideration and approval.
A subsequent request by the Joburg City Council to appeal the ruling was turned down.
However, in a statement Wednesday the City of Joburg said: “The City still believes the high court failed to independently and without bias, consider the valid and substantial legal arguments presented before it on the process enlisted by [the] council in approving the report to appoint the City Manager in February 2023.
“In its wisdom and with due consideration of the urgent demands to stabilise the administration of the City and to expedite service delivery, Council today resolved to retable the report on the appointment of the City Manager and to ratify the areas identified by the Court as rendering the appointment unlawful, invalid and unconstitutional.”
The statement added: “It is the considered view of the City that today’s vote renders the intention to petition the Supreme Court of Appeal on the same matter, moot”.
Commenting on the matter Joburg Mayor Kabelo Gwamanda said: “On behalf of the City we once more congratulate Mr. Brink on his appointment and look forward to continued administrative stability and uninterrupted delivery of services”.
However, the Democratic Alliance (DA), which took the matter to court, said: “The ‘Doomsday Coalition’ defied court orders with the reappointment of Floyd Brink as City Manager.
The DA added: “This decision not only ignores the court’s explicit directions but also places an unjust financial burden on Joburg’s residents.
“It’s time to dissolve council.”
The DA Caucus leader in the City of Johannesburg Belinda Kayser-Echeozonjoku on Thursday said: “Yesterday’s decision by the Johannesburg Council to reappoint Floyd Brink as City Manager, despite the court’s explicit directions in the case… showcases a blatant disregard for both legal mandates and ethical governance”.
Cllr Kayser-Echeozonjoku added: “This action directly contravenes the court’s findings on procedural irregularities in Mr. Brink’s initial appointment, setting a concerning precedent for governance in our city.
“The vote outcome, with 105 in favor, 64 against, and 47 abstentions, reflects a troubling trend in Johannesburg’s political landscape.
“Particularly noteworthy is the abstention by ActionSA, which indirectly contributed to this contempt of court, thereby exacerbating the burden on our city’s residents.
“This decision, marred by legal and ethical breaches, places an unjust financial burden on the citizens, who will inevitably face the repercussions of overturning this unlawful decision.”
The DA Caucus leader said the situation in Johannesburg calls for “immediate and decisive action”.
