High Court Orders Johannesburg City Manager Floyd Brink to Step Down within 10 Days
Johannesburg – The Johannesburg High Court has mandated that City Manager Floyd Brink must vacate his position due to an improper appointment.
“The fourth respondent [Brink] is instructed to resign from his permanent role as the City Manager of the first respondent within 10 days of this order, or as soon as an Acting City Manager is appointed, whichever happens first,” stated the high court in its ruling issued on Wednesday, (4 December 2024).
The Democratic Alliance, which initiated the court proceedings, commented: “Floyd Brink, City Manager of the City of Joburg (CoJ), is required to resign following the Johannesburg High Court’s determination that his reappointment was unconstitutional, unlawful, and invalid.”
This decision follows the DA’s challenge to Brink’s appointment in court after the ANC/ EFF/ PA/ ActionSA coalition backed his irregular appointment.
“Any employment or performance contract between the CoJ and now former City Manager, Floyd Brink, has been annulled,” remarked Belinda Kayser-Echeozonjoku, DA Johannesburg Caucus Leader.
“The court not only invalidated his reappointment but also ordered the DA be compensated for costs incurred during this matter,” she added.
“In one decisive ruling, the court reinforced what the DA has asserted since Brink’s contentious term began – the illegal and unconstitutional actions of the Doomsday Coalition within the CoJ will not be tolerated.
“Today, the CoJ has once again been reminded of the importance of adhering to the rule of law.”
Councillor Kayser-Echeozonjoku noted that the legal action has resulted in expenses for Johannesburg residents.
In his ruling, Judge Wilson ordered:
- Floyd Brink is mandated to vacate his permanent role as the City Manager of the first respondent within ten days of this order, or as soon as an Acting City Manager is appointed, whichever occurs first.
- The court declares that by issuing the press release titled “City of Johannesburg confirms appointment of City Manager” on 29 November 2023, the City violated its duties under section 165 (4) of the Constitution to “assist and protect the courts” and uphold the courts’ “independence, impartiality, dignity, accessibility and effectiveness.”
- The City is ordered to bear the costs of this application, including the fees for two counsels. Those fees may be assessed on scale “C.”