High court rules Joburg municipal manager Brink’s appointment unlawful

07 November 2023 - 11:30
By Mpho Sibanyoni
Johannesburg City Manager Floyd Brink
Image: Freddy Mavunda Johannesburg City Manager Floyd Brink

The high court has ruled that the appointment of City of Joburg’s municipal manager Floyd Brink was unlawful.

The Johannesburg high court judgement comes after the DA, one of the political parties in the city’s council, challenged the validity of Brink’s appointment. The high court’s order has, however, been suspended for 10 days to allow the city to appoint an acting municipal manager.

“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 readvertise the position of the city manager; and authorise the executive mayor to apply 'corrective measures pertaining to the recruitment process of the city manager, Mr Floyd Brink, as a matter of urgency', is declared unconstitutional, unlawful and invalid," said high court acting judge S Budlender.

Budlender also ruled that the approval of the mayor's decision to offer Brink a five-year fixed-term employment contract and authorise the Executive Mayor or his nominee to negotiate and finalise the “terms of conditions” of the fixed-term employment contract, remuneration, performance contract and security clearance of Brink, was also declared unconstitutional, unlawful and invalid.

"The orders ... are suspended for 10 court days from the date of this order to allow for the appointment of an acting city manager," said Budlender.

He further ruled the municipality, the council, the office of the city manager and mayor Kabelo Gwamanda, and speaker Colleen Makhubele will be liable for the DA's legal costs, including the costs of two counsels.