- The appointment of the Johannesburg City Manager was set aside by the High Court in a judgment delivered on 7 November 2023.
The Democratic Alliance launched an urgent application in which it sought an order setting aside the appointment of Floyd Brink, the City Manager.
It argued that:
- the process leading to his recruitment and appointment was unlawful,
- he did not meet the requirements for the position, and
- he had been implicated in potentially criminal conduct.
The court (per Budlender AJ) found that the decision to appoint the City Manager was not administrative action and was not reviewable under PAJA, due to an exclusion in PAJA relating to decisions of that nature.
However, the court found that the decision was reviewable under the principle of legality as it involved the exercise of public power.
The court found that the resolutions leading to the City Manager’s appointment were procedurally flawed, and that his appointment was unlawful.
It declared his employment contract unlawful and invalid, and suspended the order for 10 days to allow for the appointment of an acting City Manager.
The court also ordered that any decisions taken during the City Manager’s tenure remain unaffected by the order and are not invalid. It made this order due to the fact that decisions would have been taken affecting countless members of the public and companies which would have relied on or been affected by such decisions.
Read a copy of the judgment here:
