Joburg city manager Floyd Brink’s appointment must be reversed, court rules

City of Joburg manager Floyd Brink has been ordered to vacate his office within 10 days following a court ruling that deemed his appointment unlawful.

The South Gauteng High Court in Johannesburg ruled on Wednesday in favour of the Democratic Alliance (DA), which had challenged Brink’s appointment to the position.

Floyd Brink appointed as Joburg city manager

Brink was initially appointed as city manager on 23 February 2023.

Before that, he served as the City of Joburg’s chief operating officer (COO) for four years and acted as city manager starting in February 2021.

However, his appointment faced multiple legal setbacks.

Acting Judge Steven Budlender first declared Brink’s appointment unconstitutional on 7 November 2023.

ALSO READ: DA in Joburg demands Floyd Brink step aside while court deliberates on his appointment

Although the City of Johannesburg promptly appealed the decision, the metropolitan municipality’s application was dismissed on 27 November 2023.

Despite this, Brink was reinstated on 29 November in a council meeting.

The move led to the DA taking legal action once again.

City of Joburg breached high court’s order

In his ruling, Judge Stuart Wilson found that the Joburg City Council simply passed another resolution rather than enforcing the directive to remove Brink from office, appoint an acting city manager in 10 days and re-advertising the position, as outlined in Budlender’s judgment.

Wilson also highlighted the city’s decision to bypass the 14-day notice period mandated by Rule 94(1) of the standing rules and orders when reappointing Brink in the 29 November council meeting.

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Therefore, the judge concluded that the municipality breached the high court’s order.

“The main issue before me was whether Budlender’s order had been complied with.

“I have held that it was not, but I think that it would be stretching Budlender’s order too far to conclude that it forbade the city council from ever revisiting the 10 August 2022 resolution to readvertise the city manager’s post as vacant,” the judgment reads.

City of Joburg in contempt of court?

Wilson refused the DA’s request to hold the city in contempt.

“I cannot say that it has acted in contempt of that order. The city was wrong to construe Budlender’s order as it did, and the measures it took in purported compliance with that order were insufficient.”

However, the judge agreed that if the resolution adopted on 29 November was deemed unlawful, then Brink’s permanent appointment as city manager would also be invalid.

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“That means that Mr Brink’s permanent appointment must be reversed, and Mr Brink must be ordered to leave his post.”

Wilson ordered that Brink vacate his position within 10 days of the date of his ruling, or as soon as an acting city manager is appointed.

He further directed the City of Joburg to cover the DA’s legal costs.

“I think that the invalidity and the setting aside of the 29 November 2023 resolution is success and that it is substantial enough to justify an award of costs in the DA’s favour.”

DA reacts

The DA has since welcomed the outcome, urging Brink to resign and labelling his tenure as “problematic.”

“Johannesburg is finally rid of Floyd Brink – someone who presided over large scale devastation, and previously unknown levels of service delivery collapse,” DA Joburg caucus leader Belinda Kayser-Echeozonjoku sad in a statement on Wednesday.