Floyd Brink returns as Joburg city manager

Floyd Brink is back in his position as the city manager after a behind-closed-doors City of Joburg council meeting, according to media reports.

On Wednesday evening, News24 and eNCA reported that Brink was reinstated after a council meeting.

This comes after Brink’s appointment on 23 February this year was declared unconstitutional by the Gauteng High Court on 7 November. 

News24 was informed by the city spokesperson, Virgil James, that Brink was reappointed following the proper procedures by the council. 

James, however, could not confirm this to The Citizen but said a statement on the matter will be furnished once approved, either on Wednesday evening or Thursday, as it was referred.

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7 November ruling

On 7 November, acting High Court Judge Steven Budlender ruled in the judgement that it was unlawful for the metropolitan municipality to stop advertising for the position of city manager.

Additionally, Budlender determined that it was unlawful for the city council to have given former mayor Thapelo Amad permission to immediately implement “corrective measures pertaining to the recruitment process of the city manager.”

On Monday, the city lodged an appeal against the 7 November ruling, but Budlender upheld his judgement and dismissed the city’s application with costs, including the costs of two counsel.

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“Having considered the three grounds of appeal raised during oral argument and the remaining grounds raised in the application for leave to appeal and heads of argument, I am of the view that the proposed appeal bears no prospects of success, and there is no other compelling reason for leave to appeal to be granted,” the judgment read.

Earlier on Wednesday, the DA’s Joburg Caucus had celebrated the loss of the appeal and said it confirmed that the Joburg council should be dissolved so that fresh elections could take place.

“Residents are suffering under a crisis of governance in the city, but thanks to the DA, the ANC/EFF/PA coalition’s appointment of Floyd Brink as City Manager has been declared unconstiutional, unlawful and invalid,” the caucus said in a statement.

Minimum requirements

Prior to taking on the role of acting city manager in February 2021, Brink was the city’s chief operating officer (COO) for four years.

Brink’s appointment was contested by the DA in May because, according to the job description, he lacked the requisite ten years of senior management experience.

But the city stood up for Brink, claiming he was a high official in Limpopo.

Additional reporting by Molefe Seeletsa

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