Johannesburg’s city manager, Floyd Brink, was given a 10-day deadline to vacate his office following a ruling by the Gauteng High Court yesterday, in a win for accountability. His appointment, which has been in question since February 2023, was ruled unconstitutional, leaving a gap for new leadership amidst ongoing service delivery challenges.
From the beginning, Floyd Brink’s appointment as city manager was surrounded by questions about how he got the job. On 22 February 2023, the Johannesburg council appointed him during a closed-door meeting led by the ANC, EFF, and PA. Speaker Colleen Makhubele justified the urgency of his appointment as “exceptional,” bypassing standard recruitment procedures. The DA took the matter to court in May 2023, arguing that Brink lacked the necessary qualifications and experience. News24 reported that he was the second-choice candidate after the preferred applicant withdrew due to delays, and said Brink failed to pass the vetting processes.
After hearing the case on 12 November Judge Stuart Wilson ruled Brink’s appointment illegal, citing breaches of constitutional obligations by the city. The judgment mandated that Brink vacate his position within 10 days or as soon as an acting city manager is appointed. Additionally, the court ordered the city to cover legal costs and issued a scathing rebuke over the city’s conduct, accusing it of undermining judicial independence by prematurely confirming Brink’s appointment in a press release.
Brink’s controversial past has further tarnished his legacy. In 2022, he faced accusations of irregular procurement involving R320 million in equipment purchases, which led to his suspension. Despite this, the Joburg council reinstated him as acting city manager later that year.
The DA welcomed the court’s decision, with Johannesburg caucus leader Belinda Kayser-Echeozonjoku describing Brink’s departure as a step toward accountability. She accused the former city manager of presiding over significant declines in service delivery and contributing to the city’s financial woes.
This ruling also raises broader questions about the effectiveness of Johannesburg’s governance structures. Since the departure of former city manager Ndivhoniswani Lukhwareni in 2021, the city has struggled with leadership instability, hindering efforts to tackle issues like infrastructure decay, corruption, and crime. What’s next for Joburg?
The city now faces the challenge of finding a competent and legally appointed city manager to restore public confidence.
