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Floyd Brink, the City of Joburg (CoJ) City Manager, must resign his position after the Johannesburg High Court found that his reappointment was unconstitutional, unlawful and invalid, agreeing with the DA’s case and awarding the DA costs.

This ruling comes after the Democratic Alliance (DA) challenged Brink's appointment in court after the ANC/ EFF/ PA/ ActionSA coalition supported his irregular appointment.

Any employment contract or performance contract between the CoJ and now former City Manager, Floyd Brink, has been set aside. Not only has his reappointment been set aside and declared unlawful, but Judge Wilson has also awarded the DA costs in this matter.

In one fell swoop the court has upheld what the DA has maintained since Brink’s problematic tenure began – the Doomsday Coalition in the CoJ’s illegal and unconstitutional conduct will not stand.

The CoJ has today, once again, received an expensive education in the rule of law. This, at the cost of residents in the City who are forced to watch their service delivery dilapidate before their eyes, while a broken coalition does everything in their power to protect an inept, and illegally appointed cadre.

In his judgement, Judge Wilson ordered:

Floyd Brink is directed to relinquish his permanent appointment as the first respondent’s City Manager within ten days of the date of this order, or as soon as an Acting City Manager is appointed, whichever occurs first.

It is declared that, in publishing the press release “City of Johannesburg confirms appointment of City Manager” on 29 November 2023, the City breached its obligations under section 165 (4) of the Constitution to “assist and protect the courts” and to ensure the courts’ “independence, impartiality, dignity, accessibility and effectiveness”

The City is directed to pay the costs of this application, including the costs of two counsel. Counsels’ costs may be taxed on scale “C”.”

Due to the DA’s court challenge for the rule of law, Johannesburg is finally rid of Floyd Brink - someone who presided over large scale devastation, and previously unknown levels of service delivery collapse.

This is an appointee who the City’s ANC/ActionSA/EFF/PA-executive has been protecting. They have been handed a stunning judicial lesson today: ActionSA /ANC /EFF / PA – you cannot break the law and get away with it!

The fight, however, only intensifies now.

Our fight for the residents of Johannesburg will not relent - we will continue to fight for the rule of law, and good governance, holding this shambolic ActionSA / ANC / EFF / PA coalition of chaos to account.

Issued by Cllr Belinda Kayser-Echeozonjoku - DA Johannesburg Caucus Leader