Johannesburg City Manager Floyd Brink has been ordered to vacate his position within 10 days after the Gauteng High Court deemed his appointment irregular.
The Democratic Alliance (DA) initially challenged Brink’s appointment in May 2022, arguing that he was not the most qualified candidate and that the process, led by then-Speaker Colleen Makhubele, was unlawful.
Brink’s appointment was approved through a council vote on 22 February 2023, under what was described as “urgent and exceptional” circumstances.
Judge Stuart Wilson delivered the ruling on Wednesday, upholding a previous judgment by Acting Judge Steven Budlender, which found Brink’s appointment unconstitutional, unlawful, and invalid.
Key points of the judgment include:
- Brink must resign within 10 days or immediately upon the appointment of an Acting City Manager if that occurs sooner.
- The City of Johannesburg violated its constitutional duty to respect the courts by issuing a press release on 29 November confirming Brink’s appointment, despite the court’s prior ruling.
- The City must cover the legal costs of the case.
However, the court ruled that any decisions or actions taken by Brink during his tenure as City Manager would remain valid.
The controversy surrounding Brink’s appointment began when he was accused of bypassing procurement processes in acquiring equipment worth R320 million.
He was placed on special leave in April 2022 but later rehired as Acting City Manager.
Brink argued in November 2022 that his appointment was being unlawfully obstructed, and by early 2023, the ANC-led Government of Local Unity (GLU) coalition appointed him in a closed council meeting.
The DA contested his appointment, citing his failure to pass the vetting process.
In June 2023, the GLU-dominated council weakened the City’s anti-corruption unit, claiming it had been misused under DA leadership. By September, the council dismissed the charges against Brink.
Despite the court ruling against his appointment on 7 November 2023, the City released a statement on 29 November confirming Brink as City Manager, further violating the court’s decision.
On Wednesday, the High Court upheld the original judgment, reinforcing the DA’s long-standing concerns.
DA caucus leader Belinda Kayser-Echeozonjoku welcomed the verdict, stating it validated the party’s position regarding Brink’s controversial tenure.
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