The Democratic Alliance (DA) is going back to court over the decision by the City of Johannesburg to rehire Floyd Brink as city manager mere weeks after a High Court ruling declared his initial appointment was unlawful.

On 7 November, the Gauteng High Court in Johannesburg ruled Brink's appointment was unlawful and he must be replaced within 10 days.

The court found the way former speaker Colleen Makhubele brought the motion to hire Brink was problematic.

On 22 February, Makhubele brought an "urgent and exceptional" report to the council, which included a complaint by then-acting city manager Brink about not being considered for the permanent job.

The court found the matter was not urgent because Brink issued his complaint three months before the motion.

On 27 November, the court denied the City's request for leave to appeal the ruling, but two days later, the council accepted a behind-closed-doors report to rehire Brink.

The approved report was titled A report for council to review its previous resolutions, which remedied the obstruction of the recommended appointment of Mr Floyd Brink to be the city manager in accordance with Section 59(3)(a) of the Municipal Systems Act and judgments of the Johannesburg High Court and Eastern Cape High Court.

On Thursday, the DA filed a notice of motion for an urgent application to be heard on or close to 23 January 2024 for an order to have:

The decisions that led to the approval of the report to rehire Brink be declared unconstitutional, unlawful, and invalid.

That any employment contract or performance contract with Brink be declared unconstitutional, unlawful, and invalid.

To declare the City, council, Mayor Kabelo Gwamanda, and speaker Margaret Arnolds in contempt of court for the permanent appointment of Brink and for attempting to circumvent the judgments, as well as for writing a statement about the appointment of Brink.

The court decides the above respondents are in breach of their constitutional obligations to give effect to judgments.

The respondents, including the mayor and Arnolds in their personal capacity, pay the application costs.

City spokesperson Ntshatisi Modinyoane said it filed a notice of intention to oppose the DA's court application.

In April 2022, Brink was placed on special leave for allegedly disregarding the procurement processes in the R320-million procurement of portable handheld communication devices and CCTV equipment for the public safety department.

Law firm ENSafrica found Brink did not act when he discovered the multimillion-rand transaction had been pushed through without following due process.

In September, the council - with the Government of Local Unity, which is the name given to the city's African National Congress, Economic Freedom Fighters and Patriotic Alliance coalition - voted to dismiss the charges against Brink relating to the R320-million procurement deal, calling it "false allegations that were manufactured."