High Court orders Joburg City Manager Floyd Brink vacate his office within 10 days
On Wednesday, the Gauteng High Court in Johannesburg set aside Brink’s appointment after finding that he was not properly appointed.
Picture: X/CityofJoburgZA
JOHANNESBURG - City of Johannesburg manager Floyd Brink has been ordered to vacate his office.
On Wednesday, the Gauteng High Court in Johannesburg set aside Brink’s appointment after finding that he was not properly appointed.
However, the court found that the decisions taken by Brink in his official capacity as city manager would not be invalidated.
Judge Stuart Wilson set Brink's appointment aside.
He found that the Johannesburg council did not comply with an order made by the same court that would have seen Brink relinquish his position and have an acting city manager appointed.
Instead, the court found, the city council purported to comply with the order by adopting another resolution.
The legal challenge was launched by the Democratic Alliance (DA) following Brink's appointment. The party argued that the permanent vacancy had to be readvertised as required by the council's resolution passed in August 2022.
Wilson, however, did not find that the former mayor and speaker, Kabelo Gwamanda and Margaret Arnolds respectively, acted in bad faith in seeking to transgress the initial order of the superior court and denied finding them in contempt of court as per the relief sought by the DA.
Brink has 10 days to vacate his position from Thursday or as soon as an acting manager is appointed, whichever occurs first.
DA DELIGTED BY JUDGEMENT
The DA in Johannesburg has called on Brink to resign immediately from his position following the court judgement citing his appointment as unlawful.
The DA, which brought the court application against Brink, has welcomed the judgement.
DA Johannesburg caucus leader – Belinda Kayser-Echeozonjoku: “The CoJ has today, once again, received an expensive education in the rule of law. This, at the cost of residents in the City who are forced to watch their service delivery dilapidate before their eyes, while a broken coalition does everything in their power to protect an inept, and illegally appointed cadre.”