By Lehlohonolo Lehana.
The Gauteng High Court has ruled that the appointment of Johannesburg city manager Floyd Brink was ‘unconstitutional, unlawful and invalid’.
The Democratic Alliance (DA) first brought the matter to court in May last year after Brink was appointed by a council vote on 22 February.
In November 2023, the court found the manner in which former Speaker Colleen Makhubele brought the motion to appoint Brink was unlawful.
Brink was removed as City Manager but was later reappointed after the council said it had followed due process in reappointing him.
Wednesday’s judgment is the latest development in the long-running battle over his appointment between the ANC-run city and the DA.
It comes as the City of Johannesburg is in deep crisis, facing a financial crunch and a water crisis, linked to the collapse of its infrastructure and a lack of maintenance by its entities.
Delivering his judgement, judge Stuart Wilson said an earlier judgment had already found that Brink had been unlawfully appointed. However, instead of complying with the ruling, the city adopted a new resolution.
Wilson said: “The upshot of all this is that the November 29 2023 resolution was adopted in breach of [acting judge Steve] Budlender’s order [which found the appointment unlawful] and in breach of the city council’s own standing rules. For those reasons, it is invalid, and must be set aside.”
The judge ordered Brink to resign within 10 days or as soon as an Acting City Manager is appointed if it is within 10 days.
Wilson also ordered that any decisions or acts taken by Brink while he was appointed City Manager would not be invalidated.
DA Johannesburg Caucus Leader Belinda Kayser-Echeozonjoku said the court upheld what the party has maintained since Brink’s “problematic” tenure began.
The DA challenged Brink’s appointment in court after the African National Congress/ Economic Freedom Fighters/ Patriotic Alliance/ ActionSA coalition supported it.
“Any employment contract or performance contract between the CoJ and now former City Manager, Floyd Brink, has been set aside. Not only has his reappointment been set aside and declared unlawful, but Judge Wilson has also awarded the DA costs in this matter,” said Kayser-Echeozonjoku.
“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.”
Brink has had his hands full dealing with crisis after crisis in recent months. In July last year, one person was killed, and several others injured after a gas explosion ripped through parts of Lillian Ngoyi street (formerly Bree Street).
In August, at least 77 people were killed and 50 injured in a raging fire at a five-storey hijacked building on the corner of Albert and Delvers streets in Marshalltown.
In September, a fire caused by faulty transformers at the Joburg Metro Centre shut down the building responsible for administering the city. Following this, a bid evaluation committee sought Brink’s approval for a R2-billion refurbishment of the building.