The high court in Johannesburg has dismissed an application for leave to appeal an earlier judgment made against the appointment of City of Johannesburg manager Floyd Brink.
The city had submitted a request for permission to appeal following the court’s previous ruling that declared Brink’s appointment unconstitutional, unlawful and invalid.
Brink assumed the position in February during the tenure of former mayor Thapelo Amad.
The DA contested the appointment in May, arguing that Brink failed to meet minimum job specifications that required 10 years of senior management experience, among others.
Appointment reversed
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.
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.
“I therefore make the following order, the application for leave to appeal is dismissed with costs, including the costs of two counsel.”
Money wasted on legal processes
Reacting to the judgment, DA Johannesburg caucus leader Belinda Kayser-Echeozonjoku criticised the city’s executive for wasting money on legal processes.
She said Brink’s contested appointment is another reason the party wants the city council to be dissolved.
“We pointed out earlier this month that Floyd Brink’s forced expulsion was yet another reason for the dissolution of the Johannesburg council,” said Kayser-Echeozonjoku.
“Today, our stance in this matter is, once more, vindicated.
“The appointment of the city manager was yet another example of a corrupt regime trying to deploy yet another one of their cadres.
“This is the reality of the City of Johannesburg, and the reason they are failing. When our motion to dissolve the city’s council is debated, every party will have to decide what they are comfortable with.
“Their conscience should dictate whether they are willing to allow this vapid syndicate to continue their mismanagement of the City of Gold.”
