By Staff Reporter
Joburg city manager Floyd Brink has been ordered to vacate office within 10 days after the Johannesburg High Court ruled that his appointment was unlawful.
The ruling stems from a Democratic Alliance (DA) court challenge, which argued that Brink’s February 2022 appointment by the Johannesburg council, under then-Speaker Colleen Makhubele, was illegal.
Makhubele had tabled the motion for Brink’s appointment on an “urgent and exceptional” basis.
In November 2023, the court declared that the process used to appoint Brink was unlawful.
Despite his initial removal, Brink was reappointed after the council claimed it had rectified procedural issues, a move now invalidated by the court.
The judgment found that Brink’s reappointment was unconstitutional, unlawful and invalid.
Judge Wilson awarded costs to the DA, which had maintained that Brink was not the most qualified candidate for the role.
Wilson also ordered that any decisions or acts taken by Brink while he was city manager would not be invalidated.
In a statement, Johannesburg DA caucus leader Belinda Kayser-Echeozonjoku celebrated the ruling, describing it as a victory for the rule of law.
She criticised Brink’s tenure, alleging he presided over “large-scale devastation and unprecedented levels of service delivery collapse”.
“The court has upheld what the DA has maintained since Brink’s problematic tenure began: the coalition’s illegal and unconstitutional conduct will not stand,” said Kayser-Echeozonjoku.
She said Brink has 10 days to step down unless an interim appointment was made sooner.
“The court also invalidated any employment or performance contracts between Brink and the City of Johannesburg,” she said.
However, actions taken by Brink during his tenure remain legally valid to prevent disruptions to city governance.
Before Brink’s tenure, Johannesburg had been without a city manager since 28 February 2021, following the mutual termination of employment between Ndivhoniswani Lukhwareni and then-Mayor Geoffrey Makhubo.
Brink was initially appointed as city manager on 23 February 2023.
Before that, he served as the City of Joburg’s chief operating officer for four years and acted as city manager starting in February 2021.
Joburg is crucial to SA’s economy, contributing about 18% to GDP and about 40% to the economy of Gauteng.
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