Cape Town — Floyd Brink, the city manager of Johannesburg, has been reinstated just three weeks following a High Court ruling in Johannesburg.
The court had deemed his initial appointment unlawful, mandating his replacement within a 10-day timeframe.
Brink was originally appointed mayor in February under the administration of former mayor Thapelo Amad.
However, his appointment was challenged by the DA, who claimed he did not meet the minimum requirements of the job, which included a mandated 10 years of senior management experience, IOL reported.
A high court ruling on 7 November from acting Judge Steven Budlender ruled in favour of the DA and ordered that the appointment be reversed.
Mayor Kabelo Gwamanda accused Acting Judge Steven Budlender of enjoying a cordial relationship with the DA after he upheld its initial ruling on Brink’s appointment.
The court denied the City’s request for leave to appeal the decision, and it indicated that they intended to approach the Supreme Court of Appeal (SCA) to overturn the decision.
JUST IN: Joburg Mayor Kabelo Gwamanda approaches Supreme Court of Appeal to challenge the reversal of the appointment of City Manager Floyd Brink. Today the High Court dismissed the City’s leave to appeal. Gwamanda accuses judge Budlender of having a ‘close relationship’ with DA. pic.twitter.com/yMmmv87Ymv
— Cliff the Reporter (@CliffShiko) November 27, 2023
According to The Daily Maverick, the decision of Brink’s reappointment was made possible by a “re-tabled and previously adopted” report by the ANC/EFF/PA alliance.
Following a council meeting on Wednesday, city spokesperson Mlimandlela Ndamase said they were still of the view that the high court “failed to independently and without bias, consider the valid and substantial legal arguments presented before it on the process enlisted by council in approving the report to appoint the city manager in February 2023”.
Ndamase said the re-tabling and subsequent appointment of Brink was to expedite service delivery and ratify the areas identified by the court as rendering the appointment unlawful, invalid and unconstitutional.
“It remains a strongly held view of the city that a higher court may come to a different and independent conclusion on the said matter and as such the city has decided to consider the judgment and to exercise its legal rights and to petition the Supreme Court of Appeal (SCA) to directly hear and adjudicate the matter,” Ndamase said.
The city said on Wednesday: “It is the considered view of the city that today’s vote renders the intention to petition the Supreme Court of Appeal on the same matter moot.”
#JoburgUpdates City of Johannesburg confirms appointment of City Manager
The City of Johannesburg Metropolitan Council has today retabled and adopted its previously adopted report to appoint Mr. Floyd Brink as the City Manager of the City.
This follows a Judgement of the High… pic.twitter.com/PKL1nxW2so
— City of Joburg (@CityofJoburgZA) November 30, 2023
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Compiled by Matthew Petersen