High Court declares Joburg Municipal Manager Floyd Brink’s appointment unconstitutional 

Primrose Lerato Mbhiza 

THE Gauteng High Court in Johannesburg has declared the appointment of City of Joburg Manager Floyd Brink unlawful and invalid following the DA’s challenge to the validity of his appointment.

The order has, however, been suspended for 10 days to allow the city to appoint an acting municipal manager.

In his judgement Acting Judge S Budlender said the decision of the City of Joburg Council, on 22 February 2023, to rescind a prior decision to advertise the position of the City Manager; and authorise the Executive Mayor to apply ‘corrective measures pertaining to the recruitment process of Brink, as a matter of urgency’ – is declared unconstitutional, unlawful and invalid.

Judge 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