City of Joburg ‘flouting processes and it’s costing taxpayers’

The Democratic Alliance (DA) says it has been vindicated by the High Court in Johannesburg’s decision to declare the appointment of municipal manager Floyd Brink unlawful.

The City of Joburg was yesterday given 10 days to appoint an acting city manager after it found Brink’s appointment was unconstitutional and invalid.

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The court application to challenge his appointment was brought by the DA after the party questioned his eligibility for the position because he only had four years of senior management experience, instead of 10 years.

Brink declined to comment.

‘Best interests of residents’

Mayor Kabelo Gwamanda said they were still studying the high court’s judgment. The city’s reaction to its contents would be done in consultation with the speaker as the head of council.

“We wish to reiterate our commitment to acting in the best interests of the residents of the city and its administration at all times,” Gwamanda said.

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“We shall not be deterred nor distracted, even in this instance. In our attempts to insulate administrative responsibility from political bigotry and in line with our priority of good governance and stabilising the City of Joburg, we continue to expect and view these litigious actions with a dim view.”

DA caucus leader Belinda Kayser-Echeozonjoku said the party was vindicated in questioning how Brink had been appointed.

She said Joburg speaker Colleen Makhubele had ignored the concerns the party raised at the time and went ahead with appointing Brink. She said it was unfortunate the court had to tell the City of Joburg to follow due process in the appointment of officials.

“We raised this on record at council and were outvoted but because we believed the appointment was irregular, we took it on review and to court,” she said.

There had been claims that the DA was using the courts to further its political agenda if it was not happy with the council votes.

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Last year, former mayor Dada Morero was forced to step down after just 25 days in office after the DA approached the High Court in Johannesburg to declare a special council sitting, which ousted previous mayor Mpho Phalatse, unlawful.

The court ruled in the DA’s favour and Phalatse was given her position back, only to be removed two months later.

Joburg ‘flouting processes’

“The city is flouting processes and it’s also costing the taxpayers,” Kayser-Echeozonjoku said.

“In the judgment, there is a cost order, meaning the residents’ money, instead of being used for service delivery, is being used to defend cases that in some cases it could be avoided.

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“Council must make decisions that are in line with what the constitution says and also with what the Municipal Systems Act and the Municipal Structures Act say.

“The current administration is bent on [doing] whatever they feel they want to do instead of following the law. If they follow the rules, the council can function properly.”

She said the DA believed the council should be dissolved and fresh elections held, but would keep a close eye on the process of appointing an acting city manager. Morero, now ANC regional chair and MMC for finance, said the party was studying the judgment and would comment at a later stage.

ActionSA caucus leader Nobuhle Mthembu said: “On three separate occasions, the DA had an opportunity to rid Johannesburg of this nefarious ANC-EFF government, but failed to do so.

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“Beleaguered service delivery will now suffer another setback and it will again be the people of Johannesburg who will shoulder the brunt of this mangled appointment process of the hands of the ANC-EFF coalition of doom.”

She said the party would abide by yesterday’s court judgment.

– lungam@citizen.co.za