By Lehlohonolo Lehana.
The Gauteng High Court has declared the appointment of Johannesburg’s city manager Floyd Brink, as unlawful, unconstitutional and invalid.
The judgement comes after the DA, one of the political parties in the city’s council, challenged the validity of Brink’s appointment.
Brink was appointed in February this year under the administration of former mayor Thapelo Amad.
His appointment was challenged by the 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
DA Johannesburg caucus leader Belinda Kayser-Echeozonjoku says the mayor and the speaker blatantly flouted processes to ensure Brink’s appointment.
“We welcome the judgment and call on the City to immediately implement the remedies ordered by the court, this follows the DA’s urgent application in May 2023 to have the appointment decision reviewed.
“The DA has always maintained that Brink’s deployment was unlawful.”
Kayser-Echeozonjoku says the judgment calls for the dissolution of the council.
“This judgment strengthens our resolve to ensure that the Johannesburg Council is dissolved so that fresh elections can take place, giving the voters themselves the opportunity to resolve the crisis of governance in the city.
“It is clear that the only way there can be stability in Johannesburg is through the dissolution of Council,” she added.
The city now has 10 days to appoint an acting city manager.