The Gauteng High Court has declared the appointment of Johannesburg’s city manager Floyd Brink, who was appointed in February, as unlawful, unconstitutional and invalid.
The city now has 10 days to appoint an acting city manager.
The court further ruled that any employment contract or performance contract concluded by the City with Brink persuant to the decisions were unlawful, unconstitutional and invalid.
The judgment followed the Democratic Alliance’s bid to reverse a decision to appoint Brink as the City of Johannesburg's city manager. In court, the municipality, the council, the mayor, the speaker and Brink opposed the DA’s application.
The party approached the High Court earlier this year arguing that Brink did not have the required qualifications for the job and was never recommended for appointment by the interview panel.
In its court arguments, the City defended Brink's appointment, saying he was qualified for the job.
He was one of two people who had scored high in the interview process for the job in 2022, however, at the time, the DA was in charge of the City and had advocated for Johann Mettler to be recommended for the position.
Mettler was recommended by the recruitment board, but he had taken up the same position in Tshwane.
The DA previously alleged the council decision to appoint Brink, the second preferred candidate, instead of Mettler, the first preferred candidate, was “done to placate the EFF, who played a key role in the ANC staying in power in Joburg”.
The DA said they then recommended Bryne Maduka for the post.
The DA maintained that the rule of law, and the processes to be followed correctly in council meetings, had been a farce.
The party pegged its stance that Brink’s appointment was not done according to due process.
kailene.pillay@inl.co.za
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