DA awaits Gauteng court outcome on their bid to oust Joburg city manager

The DA has approached the courts in its bid to oust Johannesburg city manager Floyd Brink.

The party is up in arms over speaker Colleen Makhubele’s decision to table a report that allowed for the reversal of the mayoral committee’s decision to advertise for a city manager in August 2022 and the subsequent recruitment process that followed.

The matter was heard in court on an urgent basis last week. 

Caucus leader Belinda Echeozonjoku said the party was appreciative of the opportunity to present their argument on the procedural irregularities surrounding the tabling of the report which ultimately paved the way Brink’s reinstatement.

The row involves an investigation into noncompliance after Brink allegedly approved two transactions, of more than R300m and R20m respectively, to buy CCTV equipment and hand-held devices.

Brink was later cleared by a forensic report.

The uproar and subsequent court action follows Makhubele’s tabled recommendations regarding how Brink was booted out of the job and put on special leave.

The DA previously alleged the council decision to appoint Brink, the second preferred candidate, instead of Johan Mettler, the first preferred candidate, was “done to placate the EFF, who played a key role in the ANC staying in power in Joburg”.

Mettler later recused himself from the race. The DA insists that they then recommended Bryne Maduka for the post.

In the heads of argument, the party cites that they did not recommend Brink because he did not meet the minimum requirements and qualifications for the post of city manager and did not pass the city’s group forensic investigation services (GFIS) screening check.

The party further alleges that Makhubele blocked the tabling of the report before council recommending the appointment of Maduka, adding that she then tabled her own “false and misleading report” at a council meeting to reverse the council’s decision to re-advertise the position of city manager.

Critically, the DA says the speaker’s report failed to disclose to council that the selection panel had recommended Maduka for the post and falsely said that an investigation, conducted by Mothle Jooma Sabdia Attorneys (MJS), had exonerated Brink from ENS Africa’s findings. The argument added that Makhubele falsely said that the selection panel had recommended Brink.

However, in a previous report Makhubele said former mayor Mpho Phalatse concealed this forensic report clearing the acting city manager of wrongdoing because she wanted her preferred candidate to take the position.

In response, Brink has slammed the party for approaching the courts with “dirty hands”, citing that the party concealed the report exonerating him from the allegations.

Group corporate and shared services MMC Loyiso Masuku said Brink not only met the requirements but exceeded them, adding that the decision to appoint him and rescind the re-advertisement of the position remained a council resolution.

However, the DA maintains that the rule of law, and for processes to be followed correctly in council meetings, has been a farce. The party believes that Brink’s appointment, in particular, was not done according to due process.

Echeozonjoku said the party would fight to defeat any blatant disregard of the rule of law.

“We eagerly await the judgment and we trust in the judge’s process.”

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