The DA in Joburg says the city’s application for leave to appeal a court ruling that found the appointment of municipal manager Floyd Brink was unlawful amounts to fruitless and wasteful expenditure.

On Wednesday, the city said it would appeal the matter.

The Johannesburg high court on Tuesday ruled in favour of the DA after it challenged the validity of Brink’s appointment following a forensic report that found against him.

Brink’s woes started after the city in December 2021 appointed law-firm ENSafrica to investigate certain transactions and non-compliance with approval processes.

“Brink was potentially implicated in these investigations in his capacity as acting city manager,” read the judgment.

“On January 13 2022, the council embarked on a recruitment process to appoint a new city manager.”

It resolved to approve the advertisement process of the vacant city manager position and to approve the composition of the interview panel. The city duly advertised the city manager vacancy.

DA councillor Belinda Kayser-Echeozonjoku questioned why the city was using its funds to defend Brink.

“This is a waste of tax and ratepayers money,” she said.

Kayser-Echeozonjoku said the city should instead use the money towards service delivery.

“Instead of appealing, they should spend the money on residents, service delivery, fix the Joburg water leaks, pay contractors so that there are no payment disputes and fix the roads.

“We are very confident that they have no case... and it is abuse of the legal process in the protection of one individual,” she said.

Mayor Kabelo Gwamanda’s spokersperson Mlimandlela Ndamase said there were a number of “legal grounds for concern in the high court judgement which the city believes an appeal court may decide upon differently”.

“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.

“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,” he said.

The ENSafrica report released on January 22 last year made various findings of financial misconduct in relation to two transactions.

“Some of these implicated Mr Brink in his capacity as acting city manager. ENSafrica concluded that there ought to be a further investigation in terms of the regulations of financial misconduct procedures.”

MMC of finance, Dada Morero, had not responded to Sowetan questions at the time of going to print.

sibanyonim@sowetan.co.za