The City of Joburg says it is studying the judgment on the appointment of the city manager Floyd Brink.
This comes after the Gauteng High Court, Johannesburg, declared that the appointment was unlawful.
Joburg mayor Kabelo Gwamanda said on Tuesday that he noted the judgment.
Brink was appointed by City of Joburg’s council in February this year, despite not passing the vetting requirements.
The applicant is the DA, political parties behind Brink’s appointment include the ANC, EFF, Al Jama-ah.
Acting Judge Steven Budlender ordered the city to alter the appointment.
“The decision of the second respondent, the Council of the City of Johannesburg Metropolitan Municipality (“the Council”), on 22 February 2023 to: a. rescind the prior decision to re-advertise the position of the City Manager; and b. authorise the Executive Mayor to apply ‘corrective measures pertaining to the recruitment process of the City Manager, Floyd Brink, as a matter of urgency’, is declared unconstitutional, unlawful and invalid,” read the order.
Gwamanda said this will be done in consultation with the Speaker of Council as the head of the legislature and on behalf of council, which is the appointing authority in relation to the position of city manager.
“We wish to reiterate our commitment to acting in the best interests of the residents of the city and its administration at all times. We shall not be deterred nor distracted even in this instance,” said Gwamanda.
He further said: “In our attempts to insulate administrative responsibility from political bigotry and in line with our priority of good governance and stabilising the City of Johannesburg, we continue to expect and view these litigious actions with a dim view.”
The court ordered that the mayor and other listed respondents pay costs of the applicant and two counsel.
The Star