The Democratic Alliance (DA) has claimed victory after the Gauteng High Court in Johannesburg ruled that the metro’s city manager, Floyd Brink’s reappointment was unconstitutional, unlawful, and invalid.
Brink was initially appointed city manager in February 2023 but was dismissed on 7 November after a court ruled that his appointment was unconstitutional. The City of Johannesburg appealed the decision, and its application was dismissed. Brink was then re-appointed on 29 November, and the DA launched a court bid to challenge his irregular appointment.
JOHANNESBURG MANAGER FLOYD BRINK’S REAPPOINTMENT INVALID
The court ordered Brink to relinquish his permanent appointment as the first respondent’s City Manager within ten days or as soon as an Acting City Manager is appointed, whichever occurs first.
The court also declared that in publishing the press release “City of Johannesburg confirms appointment of City Manager” on 29 November 2023, the City breached its obligations under section 165 (4) of the Constitution to “assist and protect the courts” and to ensure the courts’ “independence, impartiality, dignity, accessibility and effectiveness.”
DA caucus leader in Johannesburg Belinda Kayser-Echeozonjoku said any employment contract or performance contract between the CoJ and now former City Manager Floyd Brink has been set aside.
Kayser-Echeozonjoku said not only has his reappointment been set aside and declared unlawful, but the court awarded the DA costs in this matter.
“In one fell swoop, the court has upheld what the DA has maintained since Brink’s problematic tenure – the Doomsday Coalition in the City of Johannesburg’s illegal and unconstitutional conduct will not stand.
“The City has once again received an expensive education in the rule of law. This, at the cost of residents in the City who are forced to watch their service delivery dilapidated before their eyes, while a broken coalition does everything in their power to protect an inept and illegally appointed cadre,” Kayser-Echeozonjoku said.
DO YOU THINK THE CITY OF JOHANNESBURG WILL REDEPLOY FLOYD BRINK ELSEWHERE?
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