City of Joburg Mayor Dada Morero has stated that he will not take any action on city manager Floyd Brink’s future until he has had a chance to review the ruling rendered by the Gauteng High Court, Johannesburg, which granted Brink 10 days to leave his position on Wednesday.
The high court in favour of the Democratic Alliance (DA), which had challenged Brink’s appointment to the position.
Following the ruling, the DA and the Good Party called for Brink’s immediate removal from office.
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-advertise the position, as outlined in Acting Judge Steven Budlender judgment in 2023.
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.
Reacting to this ruling, DA caucus leader in Joburg, Belinda Kayser-Eceozonjoku, said: “Floyd Brink, the City of Joburg (CoJ) City Manager, must resign his position after the Johannesburg High Court found that his reappointment was unconstitutional, unlawful and invalid, agreeing with the DA’s case and awarding the DA costs.”
However, Morero indicated that he will not act against Brink as yet, noting the high court ruling and acknowledging the court’s authority.
Mayoral spokesperson, Nthatisi Modingoane, indicated that the mayor wants to satisfy himself with the ruling before making his decision.
“At this stage, the Executive Mayor will not make any pronouncements on the matter until he has had the opportunity to thoroughly study the judgment and consider its implications for the city’s administration. It is essential that we respect the judicial process and ensure that our response is informed and responsible,” he said.
Morero said the city is committed to ensuring that its administration acts in accordance with the law and the Constitution of the Republic.
“Once I have completed my review of the judgment, I will advise on the way forward and make any necessary pronouncements. I want to assure the citizens of Johannesburg that we will act in the best interests of the city and its people, and that we will ensure continuity of services and operations,” Morero said on Wednesday.
Brink was also slapped with a cost order, which adds to his woes following a similar ruling by Acting Judge Steven Budlender, who first declared Brink’s appointment unconstitutional on November 7, 2023.
However, following this ruling, Brink was reinstated on November 29, 2023, during a highly disputed council meeting.
The Star
siyabonga.sithole@inl.co.za