Floyd Brink has been reinstated as Johannesburg’s city manager after a report was tabled in council for his reappointment on Wednesday.
Brink’s reappointment follows on the heels of a Johannesburg High Court ruling that dismissed an application for leave to appeal an earlier judgment that found that his appointment was unconstitutional.
It was reported in the week that the city was heading to the Supreme Court of Appeal to further contest this matter, however, the council sitting convened on Wednesday facilitated Brink’s second chance.
Brink first assumed the position in February during the tenure of former mayor Thapelo Amad.
The DA contested the appointment in May, arguing that the manager failed to meet minimum job specifications that required 10 years of senior management experience, among others.
Acting judge Steven Budlender, in delivering the verdict, mandated the reversal of the appointment.
“The decision of the second respondent, the council of the City of Johannesburg metropolitan municipality, 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.
The reversal of Brink’s appointment dealt a significant blow to the alliance between the ANC, EFF and minority parties, who had facilitated his nomination.
Subsequently, an application for leave to appeal was submitted to the same court.
Judge dismissed application
Nevertheless, on Monday Budlender affirmed his original judgment and rejected the application.
“Having considered the three grounds of appeal raised during oral argument and the remaining grounds raised in the application for leave to appeal and heads of argument, I am of the view that the proposed appeal bears no prospects of success; and there is no other compelling reason for leave to appeal to be granted.”
It remains unclear if the DA will contest the reappointment, however, council is expected to convene another meeting on Thursday.
