DailySun
Johannesburg – The Johannesburg High Court has ordered City Manager Floyd Brink to leave his position due to an improper appointment.
“The fourth respondent [Brink] is required to resign from his permanent position as the City Manager of the first respondent within 10 days of this order, or as soon as an Acting City Manager is appointed, whichever occurs first,” the high court stated in its ruling released on Wednesday, (4 December 2024).
The Democratic Alliance, which instigated the court proceedings, remarked: “Floyd Brink, City Manager of the City of Joburg (CoJ), must resign following the Johannesburg High Court’s ruling that his reappointment was unconstitutional, unlawful, and invalid.”
This ruling comes after the DA challenged Brink’s appointment in court following the ANC/ EFF/ PA/ ActionSA coalition’s support of his irregular appointment.
“Any employment or performance contract between the CoJ and now former City Manager, Floyd Brink, has been annulled,” stated Belinda Kayser-Echeozonjoku, DA Johannesburg Caucus Leader.
“The court not only invalidated his reappointment but also ordered the DA to be compensated for costs incurred during this case,” she added.
“In a decisive ruling, the court reaffirmed what the DA has claimed since Brink’s controversial term began – the illegal and unconstitutional actions of the Doomsday Coalition within the CoJ will not be tolerated.
“Today, the CoJ has once again been reminded of the necessity of upholding the rule of law.”
Councillor Kayser-Echeozonjoku highlighted that the legal action has led to expenses affecting Johannesburg residents.
In his ruling, Judge Wilson ordered:
- Floyd Brink is required to vacate his permanent role as the City Manager of the first respondent within ten days of this order, or as soon as an Acting City Manager is appointed, whichever happens first.
- The court declares that by issuing the press release titled “City of Johannesburg confirms appointment of City Manager” on 29 November 2023, the City breached its responsibilities under section 165 (4) of the Constitution to “assist and protect the courts” and uphold the courts’ “independence, impartiality, dignity, accessibility, and effectiveness.”
- The City is directed to cover the costs of this application, including the fees for two counsels. Those fees may be evaluated on scale “C.”
