By Lehlohonolo Lehana.
City of Johannesburg to approach Supreme Court of Appeals (SCA) for leave to appeal an earlier judgment against the appointment of municipal manager Floyd Brink.
On Monday, the High Court upheld its initial ruling on Brink’s appointment.
The city filed an application for leave to appeal after the same court declared Brink’s appointment unconstitutional, unlawful and invalid.
Brink was appointed in February this year under the administration of former mayor Thapelo Amad.
The Democratic Alliance (DA) challenged his appointment in May.
The party claims Brink did not meet the minimum requirements of the job specifications, which mandated 10 years of senior management experience.
Following the judgment on Monday, the DA’s Johannesburg caucus leader, Belinda Kayser-Echeozonjoku, insisted that the party’s goal has always been to safeguard the citizens of Johannesburg against the illegal conduct of the coalition government.
However, Mayor Kabelo Gwamanda believes the SCA might come to a different conclusion.
“It was the considered view of the city that the independence of the judiciary to act with discernment and fairness must be given due opportunity and respect.
“It remains a strongly held view of the city that a higher court may come to a different and independent conclusion on the said matter, and as such, the city has decided to consider the judgment and to exercise its legal rights and to petition the Supreme Court of Appeal to directly hear and adjudicate the matter,” said Gwamanda.
He also accused the judge of bias in favour of the DA.
“From the onset, it has been a concern that the acting judge enjoys a close relationship with the DA, having acted for the party on numerous occasions, including on matters relating to the City of Johannesburg.
“However, it has also been our duty to test the independence and impartiality of our courts even under such conditions of suspected bias,” he said.
“Our resolve is in the interests of defending the stability of the city’s administrative structures and not a defence of any single individual.”
Brink has had his hands full dealing with crisis after crisis in recent months. In July, 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.
Although Judge Steven Budlender ordered that Brink’s appointment be reversed, he said decisions made during his tenure would remain in place.