The City of Joburg has filed an application for leave to appeal the high court’s ruling that the appointment of Floyd Brink as the city manager is unconstitutional, unlawful and invalid.
On Wednesday, the City of Joburg said it believes an appeal court may reach a different conclusion regarding the matter.
“The City of Johannesburg has filed an application for leave to appeal the decision of the [South Gauteng] High Court in relation to the appointment of the city manager. There are a number of legal grounds for concern in the High Court judgement which the City believes an Appeal Court may decide upon differently.
“This automatically suspends the implementation of the judgment until such a time the application for leave to appeal is considered and, if granted, until such a time an Appeal Court Judgment is issued,” said the City of Joburg in a statement.
The City said “nefarious political interferences” are behind the move to remove Brink as municipal manager.
“The City believes it is in the interest of residents that the administrative capacity and stability of the city is defended and insulated from nefarious political interference.
“The consistent political onslaught and attempts to derail the city’s ability to deliver services and improve governance at an administrative level must be frowned upon and acted against. The city will continue to dedicate its resources and focus to the urgent needs of residents and service delivery.”
Appointment unconstitutional and invalid
On Tuesday the South Gauteng High Court in Johannesburg ruled that the appointment of Brink as the City of Johannesburg’s municipal manager is unconstitutional, unlawful and invalid.
The judgement was handed down by acting judge Steven Budlender following an application made by the DA. The application was made against the City of Joburg, council, offices of the city manager, executive mayor and speaker, among others.
In his judgement, Budlender said: “The decision of the Council on 23 February 2023 to approve the appointment of the fourth respondent, Mr Floyd Brink (Mr Brink), as City Manager; to authorise the Executive Mayor to offer Mr Brink a 5-year fixed term employment contract; and to authorise the Executive Mayor or his nominee to negotiate and finalise the ‘terms and conditions’ of the fixed-term employment contract, remuneration, performance contract and security clearance of Mr Brink, is declared unconstitutional, unlawful and invalid.”
Budlender said the judgment remains suspended for 10 days from the date of the court order in order to allow the appointment of an acting city manager.
Budlender also said the decision by the City of Joburg council that had a sitting on February 22, 2023 to rescind a decision to readvertise the position of city manager was unlawful.
“The decision of the second respondent, the Council of the City of Johannesburg Metropolitan Municipality (the Council), on 22 February 2023 to: rescind the prior decision to readvertise the position of the City Manager; and authorise the Executive Mayor to apply ‘corrective measures pertaining to the recruitment process of the City Manager, Mr Floyd Brink, as a matter of urgency’, is declared unconstitutional, unlawful and invalid,” said Budlender.
