South Africa: Court Finds Floyd Brink's Appointment As Joburg City Manager 'Unconstitutional, Unlawful and Invalid'

City of Johannesburg municipal manager Floyd Brink's appointment was controversial from the start and his term has been marked by successive crises. On Tuesday, the Gauteng Division of the High Court in Johannesburg said his appointment was unlawful.

The City of Johannesburg has 10 days to appoint an acting city manager following a Gauteng Division of the High Court in Johannesburg judgment which found the processes leading to the appointment of Floyd Brink as city manager nine months ago were invalid and unconstitutional.

This is a major blow for the ANC-EFF-led multiparty government, which spearheaded the appointment. ANC caucus leader Dada Morero said, "The ANC is still studying the judgment and will comment at a later stage."

The EFF did not reply to a request for comment.

Brink ascended to the position during a chaotic council meeting in February, despite having been censured in a forensic investigation commissioned by the city's Group Forensics and Investigation Services (GFIS) into the Department of Public Safety's procurement of handheld devices and CCTV equipment.

The report, produced by the law firm ENS for the GFIS, noted that Brink had acted in a manner that "appears to constitute a dereliction of duty" and "gross misconduct", and recommended that he be reported to the council for further investigation and disciplinary action.

'Unlawful and invalid'

In a 23-page ruling on Tuesday morning, acting Judge Steven Budlender ordered that the appointment be reversed.

"The decision of...

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