Johannesburg City Manager Floyd Brink's appointment was ruled unlawful by the High Court, given 10 days to vacate office

The Gauteng High Court has ruled that Johannesburg City Manager Floyd Brink must vacate his position within 10 days after finding that his appointment was irregular. This decision follows a legal challenge initiated by the Democratic Alliance (DA) in May 2022, contesting Brink's selection for the role. The DA argued that Brink was not the most qualified candidate and that his appointment, facilitated by former Speaker Colleen Makhubele on an "urgent and exceptional" basis, was unlawful.

On Wednesday, Judge Stuart Wilson ruled that Brink must step down within 10 days or immediately after an acting city manager is appointed if this occurs sooner. The court also criticized the City for breaching its constitutional obligations by prematurely confirming Brink’s appointment in a press release on 29 November 2023. However, any decisions or actions taken by Brink during his tenure will remain valid. Additionally, the City was ordered to cover the legal costs.

Before Brink’s appointment, Johannesburg had lacked a permanent city manager since February 2021 when Ndivhoniswani Lukhwareni left the position through a mutual agreement with then-Mayor Geoffrey Makhubo. Brink’s selection as city manager was contentious due to his prior involvement in procurement irregularities involving R320 million, which led to him being placed on special leave in April 2022. Despite this, he was later rehired as acting city manager.

In November 2022, Brink claimed that his appointment was being obstructed unlawfully. At the time, he was one of two candidates for the position, but the other candidate withdrew after securing other employment. Brink, however, failed the vetting process.

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The political landscape shifted in January 2023 when the City’s governance moved from the DA-led coalition under Mpho Phalatse to a coalition of the ANC, EFF, and Patriotic Alliance (PA), known as the Government of Local Unity (GLU). On 22 February 2023, the GLU appointed Brink in a closed-door council meeting, labeling the decision as "urgent and exceptional."

The DA legally challenged this decision in May 2023. Amid the controversy, the GLU-led council made significant changes, including weakening the City’s anti-corruption unit in June 2023 and dismissing prior charges against Brink in September. However, on 7 November 2023, the court declared Brink’s appointment unconstitutional and invalid. The City appealed this decision but still released a statement on 29 November reaffirming Brink’s appointment.

The High Court has now upheld the earlier ruling, cementing Brink’s removal. Following the judgment, DA Johannesburg caucus leader Belinda Kayser-Echeozonjoku expressed relief, stating that Brink’s tenure was marked by "large-scale devastation" and service delivery failures. She criticized the coalition for protecting what she described as an "inept and illegally appointed cadre," adding that residents have borne the cost of this legal battle and the decline in services.