The DA has slammed the City of Johannesburg’s council decision to reappoint Floyd Brink as a municipal manager.
This after the city’s council on Wednesday retabled and adopted its previously adopted report to appoint Brink to his former position.
Brink’s reinstatement comes after the city recently lost two cases at the Johannesburg High Court. The matter was in court after the DA, one of the political parties in the city’s council, challenged the validity of Brink’s appointment.
The high court’s order was, however, suspended for 10 days to allow the city to appoint an acting municipal manager.
The first ruling, delivered by acting high court judge Steven Budlender on November 7, declared that Brink’s appointment was unconstitutional, unlawful and invalid.
His troubles began two years ago when the municipality hired law firm ENSAfrica to probe some transactions and non-compliance with approval processes.
Brink was allegedly implicated in the investigations in his capacity as acting city manager.
On Monday, the city suffered another blow when Budlender dismissed the municipality’s leave to appeal an earlier judgment.
This prompted mayor Kabelo Gwamanda to say the city would petition the Supreme Court of Appeal as they believed Budlender’s ruling was biased.
DA plans court challenge
In a statement on Thursday, DA’s caucus leader in the city Belinda Kayser-Echeozonjoku said the opposition party plans to challenge Brink’s reinstatement in court.
Kayser-Echeozonjoku accused the city council of being in contempt of court, saying the decision was a blatant disregard for both legal mandates and ethical governance.
“This action directly contravenes the court’s findings on procedural irregularities in Mr Brink’s initial appointment, setting a concerning precedent for governance in our city,” she said.
“The vote outcome, with 105 in favour, 64 against and 47 abstentions reflects a troubling trend in Johannesburg’s political landscape.
“Particularly noteworthy is the abstention by ActionSA, which indirectly contributed to this contempt of court, thereby exacerbating the burden on our city’s residents.
“This decision, marred by legal and ethical breaches, places an unjust financial burden on the citizens, who will inevitably face the repercussions of overturning this unlawful decision.”
Gwamanda backs Brink’s reappointment
Meanwhile, Gwamanda gave his thumbs up to Brink’s reappointment.
“On behalf of the city, we once more congratulate Mr Brink of his reappointment and look forward to continued administrative stability and uninterrupted delivery of services” said Gwamanda.
“The city still believes 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.
“In its wisdom and with due consideration of the urgent demands to stabilise the administration of the city and to expedite service delivery, council today [Wednesday] resolved to retable the report on the appointment of the city manager and to ratify the areas identified by the court as rendering the appointment unlawful, invalid and unconstitutional.”
He said the city will no longer be petitioning the Supreme Court of Appeal.
“It is the considered view of the city that today’s [Wednesday’s] vote renders the intention to petition the Supreme Court of Appeal on the same matter moot.”
