The Johannesburg high court has ordered City of Johannesburg (CoJ) manager Floyd Brink to relinquish his permanent appointment within 10 days or as soon as an acting manager is appointed.
The city published a press release to confirm the appointment of the city manager in 2023.
The court ruled that by publishing the statement, the City of Joburg and Kabelo Gwamanda, who was mayor at the time, breached their obligations under the constitution to “assist and protect the courts” and to ensure the courts’ “independence, impartiality, dignity, accessibility and effectiveness”, read the judgement handed down electronically on Wednesday.
The city has been directed to pay the costs of the application, including the costs of two counsel.
The DA in Joburg has called for Brink to resign. The DA caucus leader is the city, councillor Belinda Kayser-Echeozonjoku, said the ruling comes after the party challenged the appointment in court after the coalition supported his irregular appointment.
The high court found his reappointment was unconstitutional, unlawful and invalid, agreeing with the DA’s case and awarding the DA costs.
Kayser-Echeozonjoku said: “Any employment contract or performance contract between the CoJ and now former city manager Floyd Brink has been set aside. Not only has his reappointment been set aside and declared unlawful, but judge [Stuart] Wilson has also awarded the DA costs in the matter.”
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High court orders Floyd Brink’s removal as Joburg city manager
Image: Freddy Mavunda
The Johannesburg high court has ordered City of Johannesburg (CoJ) manager Floyd Brink to relinquish his permanent appointment within 10 days or as soon as an acting manager is appointed.
The city published a press release to confirm the appointment of the city manager in 2023.
The court ruled that by publishing the statement, the City of Joburg and Kabelo Gwamanda, who was mayor at the time, breached their obligations under the constitution to “assist and protect the courts” and to ensure the courts’ “independence, impartiality, dignity, accessibility and effectiveness”, read the judgement handed down electronically on Wednesday.
The city has been directed to pay the costs of the application, including the costs of two counsel.
The DA in Joburg has called for Brink to resign. The DA caucus leader is the city, councillor Belinda Kayser-Echeozonjoku, said the ruling comes after the party challenged the appointment in court after the coalition supported his irregular appointment.
The high court found his reappointment was unconstitutional, unlawful and invalid, agreeing with the DA’s case and awarding the DA costs.
Kayser-Echeozonjoku said: “Any employment contract or performance contract between the CoJ and now former city manager Floyd Brink has been set aside. Not only has his reappointment been set aside and declared unlawful, but judge [Stuart] Wilson has also awarded the DA costs in the matter.”
TimesLIVE
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