By Lehlohonolo Lehana.
The City of Johannesburg has filed an application for leave to appeal the high court’s decision to reverse the appointment of city manager Floyd Brink.
On Tuesday, the High Court in Johannesburg declared Brink’s appointment as unconstitutional, unlawful and invalid.
Brink was appointed in February this year under the administration of former mayor Thapelo Amad.
His appointment was challenged by the Democratic Alliance (DA) in May, alleging that he did not meet the minimum requirements of the job specifications, as advertised on August 12 2022, which mandated 10 years’ senior management experience.
Brink is the former Chief Operations Officer in the city from August 2018 on a four-year contract.
“The decision of the [council of the City of the respondent, the council of the City of Johannesburg Metropolitan Municipality, on February 22 2023 to rescind the prior decision to re-advertise the position of the city manager; and authorise the executive mayor to apply ‘corrective measures pertaining to the recruitment process of the city manager, Floyd Brink, as a matter of urgency’, is declared unconstitutional, unlawful and invalid,” the judgement read
Mayoral spokesperson Mlimandlela Ndamase said they believe another court might reach a different conclusion.
“This automatically suspends the implementation of the judgment until such a time the application for leave to appeal is considered and, if granted, until such a time an appeal court judgment is issued.
“The city believes it is in the interests of residents that the administrative capacity and stability of the city is defended and insulated from nefarious political interference.”
On Tuesday, the DA called for the dissolution of the council following the judgment to allow for fresh elections to be held in Joburg.
But Ndamase said they remain on track in service delivery.
“The consistent political onslaught and attempts to derail the city’s ability to deliver services and improve governance at an administrative level must be frowned upon and acted against.”
“The city will continue to dedicate its resources and focus to the urgent needs of residents and service delivery,” Ndamase said.