City of Joburg files leave to appeal court ruling on city manager job
The City of Joburg was ordered to allow the council to appoint an acting city manager within 10 working days.
The 8th Extra Ordinary Council Meeting of the Johannesburg city council to vote for a new speaker, 28 September 2022. Picture: Neil McCartney / The Citizen
The City of Joburg has filed an application for leave to appeal the Gauteng High Court’s ruling that the appointment of Floyd Brink as city manager was unconstitutional and invalid.
The court also criticised the metro’s decision to cancel the vacancy advertisement for the city manager position.
In the judgment on Tuesday, acting High Court Judge Steven Budlender ordered the City of Joburg to reverse Brink’s appointment.
The City of Joburg was also ordered to allow the council to appoint an acting city manager within 10 working days.
In a statement, Mlimandlela Ndamase, Director of Communications for the city said the appeal court might find its favour.
“There are a number of legal grounds for concern in the High Court judgment 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,” Ndamase said.
Interests of residents
Ndamase said the city believes it is in the interests 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,” Ndamase said.
Brink assumed his role as city manager after receiving the greenlight in a council meeting on 23 February.
He previously served as the city’s COO for four years before becoming acting city manager from February 2021.
In addition to this, Brink was placed on special leave in April 2022 over alleged misconduct committed during his time as acting city manager.
It was alleged that he flouted procurement processes in acquiring equipment worth R320 million, but the charges against him were dismissed at a council meeting in September.
Additional reporting: by Molefe Seeletsa