The City of Johannesburg has been ordered to cover the DA’s legal costs.
City of Johannesburg’s Floyd Brink has been ordered to vacate his office within 10 days following a court ruling that deemed his appointment unlawful.
The South Gauteng High Court in Johannesburg ruled on Wednesday in favour of the Democratic Alliance (DA), which had challenged Brink’s appointment as City Manager in Joburg.
“I agree that, if the resolution is invalid, then so is Mr Brink’s permanent appointment as city manager.
“That means that Mr Brink’s permanent appointment must be reversed, and Mr Brink must be ordered to leave his post,” Judge Stuart Wilson ruled.
Wilson also directed the City of Johannesburg to cover the DA’s legal costs.
“I think that the invalidity and the setting aside of the 29 November 2023 resolution is success and that it is substantial enough to justify an award of costs in the DA’s favour,” the judgment further reads.
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Brink was initially appointed as city manager on 23 February 2023.
Before that, he served as the City of Joburg’s chief operating officer (COO) for four years and acted as city manager starting in February 2021.
However, his appointment faced multiple legal setbacks.
The high court first declared Brink’s appointment unconstitutional on 7 November 2023.
Although the City of Johannesburg promptly appealed the decision, the municipality’s application was dismissed on 27 November 2023.
Despite this, Brink was reinstated back to the position on 29 November in a council meeting.
This is a developing story.
