THE Joburg High Court has declared the appointment of city manager Floyd Brink unlawful.
The ruling was made on Tuesday, 7 November.
Acting judge Steven Budlender found: “The decision of the council on 23 February 2023 to approve the appointment of Brink as city manager is declared unconstitutional, unlawful and invalid.”
The council had rescinded the prior decision to re-advertise the position of city manager and authorised the executive mayor to apply “corrective measures pertaining to the recruitment process of the city manager, Brink, as a matter of urgency”.
The DA said the ruling has vindicated the matter, which was taken to court in May 2023 to have the appointment decision reviewed.
“The DA has always maintained that Brink’s deployment was unlawful. This judgment strengthens our resolve to ensure that the Johannesburg council is dissolved so that fresh elections can take place, giving voters the opportunity to resolve the crisis of governance in the city,” said DA Joburg caucus leader Belinda Kayser-Echeozonjoku.
She said the mayor and speaker of council blatantly flouted processes to ensure Brink’s unlawful appointment.
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“Johannesburg’s rot has now been laid bare, and it is a disgrace that a high court judgment was necessary to force the city to follow due processes,” she said.
Kayser-Echeozonjoku claimed that the city manager position was often coveted by the corrupt because of its central role in decision-making.
“Our victory in this matter safeguards the residents of Johannesburg against further decay and blatant disregard for the rule of law by the ANC/EFF Doomsday Coalition that continues to flout processes to purge hard working officials to make way for cadres aligned to them,” she said.
She reiterated her call that the only way there can be stability in Joburg is through the dissolution of council.
The court ruled that decisions taken and acts performed by Brink in his official capacity will not be invalid by reason only of the declaration of invalidity.
“I have significant difficulties with this proposed remedy. The relief sought has the potential to affect countless members of the public or companies who have relied on or been affected by the decisions concerned. I have no information on how many such decisions there might be, nor what the impact of the order sought will be,” said Budlender.
