Johannesburg – The high court in Johannesburg has ordered City Manager Floyd Brink to quit his job because he was improperly appointed.
“The fourth respondent [Brink] is directed to relinquish his permanent appointment as the first respondent’s City Manager within 10 days of the date of this order, or as soon as an Acting City Manager is appointed, whichever occurs first,” the high court said in its judgment handed down Wednesday, (4 December 2024).
The Democratic Alliance, which brought the matter to court, said: “Floyd Brink, the City of Joburg (CoJ) City Manager, must resign his position after the Johannesburg High Court found that his reappointment was unconstitutional, unlawful and invalid”.s.
This ruling comes after the DA challenged Brink’s appointment in court after the ANC/ EFF/ PA/ ActionSA coalition supported his irregular appointment.
“Any employment contract or performance contract between the CoJ and now former City Manager, Floyd Brink, has been set aside,” said Belinda Kayser-Echeozonjoku, the DA Johannesburg Caucus Leader.
“Not only has his reappointment been set aside and declared unlawful, but Judge Wilson has also awarded the DA costs in this matter.
“In one fell swoop the court has upheld what the DA has maintained since Brink’s problematic tenure began – the Doomsday Coalition in the CoJ’s illegal and unconstitutional conduct will not stand.
“The CoJ has today, once again, received an expensive education in the rule of law.”
Councillor Kayser-Echeozonjoku said the court action was a cost to Johannesburg residents.
In his judgment, Judge Wilson ordered:
- Floyd Brink is directed to relinquish his permanent appointment as the first respondent’s City Manager within ten days of the date of this order, or as soon as an Acting City Manager is appointed, whichever occurs first.
- It is declared that, in publishing the press release “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 to ensure the courts’ “independence, impartiality, dignity, accessibility and effectiveness”
- The City is directed to pay the costs of this application, including the costs of two counsel. Counsels’ costs may be taxed on scale “C”.
