Floyd Brink was reappointed as Johannesburg’s City Manager after the Joburg council re-adopted a report that worked in his favour.
His reinstatement comes after the High Court in Johannesburg ruled on November 7, that his appointment was illegal.
On Monday, the court denied the City’s request for leave to appeal and the City indicated that it would approach the Supreme Court of Appeal (SCA) to overturn the high court decision.
Brink was appointed in February under the administration of former mayor Thapelo Amad but in May, the Democratic Alliance (DA) challenged his appointment.
The party claimed that Brink did not meet the minimum requirements of the job, which included a mandated 10 years of senior management experience.
Mayor, Kabelo Gwamanda, in a statement, accused Acting Judge Steven Budlender of enjoying a cordial relationship with the DA after he upheld its initial ruling on Brink’s appointment.
Gwamanda said he believed the SCA might come to a different conclusion.
“It was the considered view of the City that the independence of the judiciary to act with discernment and fairness must be given due opportunity and respect,” Gwamanda said.
“It remains a strongly held view of the City that a higher court may come to a different and independent conclusion on the said matter, and as such, the City has decided to consider the judgment and to exercise its legal rights and to petition the Supreme Court of Appeal to directly hear and adjudicate the matter.”
The DA has decried the money spent in the successive legal battles while residents of the City suffer due to lack of service delivery.
