By Lehlohonolo Lehana.
The South Gauteng High Court on Friday dismissed the Democratic Alliance (DA) application to overturn the appointment of Joburg City Manager Floyd Brink.
The presiding judge did not rule on the merits of the case but dismissed its urgency.
The DA was contesting Brink’s appointment and accused the City of Johannesburg of being in contempt of court.
This is the second time that the Democratic Alliance (DA) is challenging the City over Brink’s appointment.
DA had argued that the matter was urgent because Brink’s appointment violated a court order. The party had also argued that the City of Johannesburg had the responsibility to uphold the rule of law.
“I want to reiterate that there was no determination on the merits of the case, we are consulting with our attorneys for the best course of action forward,”DA caucus leader Belinda Kayser-Echeozonjoku said.”
Brink was appointed as city manager in February last year, despite being censured in a forensic investigation commissioned by the city’s Group Forensics and Investigation Services (GFIS) into the Department of Public Safety’s procurement of handheld devices and CCTV equipment.
The report, produced by the law firm ENS for the GFIS, noted that Brink had acted in a manner that “appears to constitute a dereliction of duty” and “gross misconduct”, and recommended that he be reported to the council for further investigation and disciplinary action.
Brink has had his hands full since the start of his tenure in February, 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 ranging fire at a hijacked five-storey 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.
Johannesburg’s Executive Mayor Kabelo Gwamanda welcomed the ruling and said Brink should remain focused on service delivery and avoid the DA’s attempts to distract him.
Gwamanda said over the last year, the DA has sought to undermine the progress made by the City’s executive in trying to stabilise the metro.
Johannesburg received an unqualified audit opinion for the 2022/2023 financial year which Gwamanda said is due to Brink’s leadership as city manager.
Meanwhile the City of Johannesburg confirmed that MMC for Transport Kenny Kunene had opened a criminal case against three DA councillors who posted his contact details on social media platforms.
Kunene said this posed a security risk for him and exposed his family to possibilities of attacks and theft.
“It is the severity of their crime (violation of the POPI Act) that has left me with no option but to ask for the intervention of law enforcement agencies,” Kunene said.