High Court Orders Johannesburg City Manager Floyd Brink to Step Down Within 10 Days

Johannesburg – The Johannesburg High Court has determined that City Manager Floyd Brink must step down from his role due to an improper appointment.

“The fourth respondent [Brink] is instructed to resign from his permanent position as the City Manager of the first respondent within 10 days of this verdict, or immediately upon the appointment of an Acting City Manager, whichever comes first,” the high court declared in its ruling delivered on Wednesday, December 4, 2024.

The Democratic Alliance, which initiated the legal action, stated: “Floyd Brink, the City Manager of the City of Joburg (CoJ), is required to resign following the Johannesburg High Court’s conclusion that his reappointment was unconstitutional, unlawful, and invalid.”

This judgment follows the DA’s legal challenge against Brink’s appointment, which was backed by the coalition of ANC, EFF, PA, and ActionSA despite its irregularities.

“Any employment or performance agreement between the CoJ and former City Manager, Floyd Brink, has been declared null and void,” commented Belinda Kayser-Echeozonjoku, DA Johannesburg Caucus Leader.

“The court not only rescinded his reappointment but also mandated that the DA be compensated for the expenses incurred during this matter,” she added.

“In a decisive ruling, the court reaffirmed what the DA has maintained since Brink’s controversial tenure began – the illegal and unconstitutional actions of the Doomsday Coalition within the CoJ will not be tolerated.”

“Today, the CoJ has once again been reminded of the importance of adhering to the rule of law.”

Councillor Kayser-Echeozonjoku emphasized that the legal action has imposed costs on the residents of Johannesburg.

In his ruling, Judge Wilson issued the following orders:

• Floyd Brink is mandated to vacate his permanent position as the City Manager of the first respondent within ten days of this ruling, or as soon as an Acting City Manager is appointed, depending on which occurs first.
• The court declares that by issuing the press statement titled “City of Johannesburg confirms appointment of City Manager” on November 29, 2023, the City violated its responsibilities under section 165 (4) of the Constitution to “assist and protect the courts” and uphold the courts’ “independence, impartiality, dignity, accessibility, and effectiveness.”
• The City is ordered to pay the costs of this application, including fees for two counsels. These fees may be assessed on scale “C.”