Johannesburg – The Johannesburg High Court has ordered that City Manager Floyd Brink must leave his position due to an improper appointment.

“The fourth respondent [Brink] is directed 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 occurs first,” the high court stated in its ruling issued on Wednesday, (4 December 2024).

The Democratic Alliance, which instigated the court proceedings, remarked: “Floyd Brink, City Manager of the City of Joburg (CoJ), is required to resign following the Johannesburg High Court’s conclusion that his reappointment was unconstitutional, illegal, and invalid.”

This ruling comes after the DA challenged Brink’s appointment in court, following the backing of his irregular appointment by the ANC/ EFF/ PA/ ActionSA coalition.

“Any employment or performance contract between the CoJ and the now former City Manager, Floyd Brink, has been nullified,” stated Belinda Kayser-Echeozonjoku, DA Johannesburg Caucus Leader.

“The court not only invalidated his reappointment but also mandated that the DA be reimbursed for the costs incurred during this matter,” she added.

“In this decisive ruling, the court reinforced what the DA has maintained since the onset of Brink’s controversial term – the illegal and unconstitutional actions of the Doomsday Coalition within the CoJ will not be tolerated.

“Today, the CoJ has once more been reminded of the necessity of upholding the rule of law.”

Councillor Kayser-Echeozonjoku pointed out that the legal action has incurred costs for the residents of Johannesburg.

In his ruling, Judge Wilson mandated:

• Floyd Brink is required 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 happens 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 breached its obligations 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 cover the costs of this application, including the fees for two counsels. Those fees may be assessed on scale “C.”