The Gauteng High Court in Johannesburg has ruled that Floyd Brink's appointment as city manager was unconstitutional, unlawful and invalid.

This is in the wake of the Democratic Alliance's (DA's) urgent application to have the decision to appoint him reviewed in May.

On Tuesday, acting High Court Judge Steven Budlender found that the steps that led to the hiring of Brink were also unconstitutional, unlawful and invalid.

These included the decision by the council to cancel the advertising of the position, and the decision to authorise Mayor Kabelo Gwamanda to apply "corrective measures pertaining to Mr Brink's [recruitment process]… as a matter of urgency".

This order has been suspended for 10 days to allow the council to appoint an acting city manager.

The court ordered that the respondents – the City, the council, city manager, mayor and speaker – pay the DA's costs.

The Gauteng branch of the DA has welcomed the ruling, calling it a vindication.

In a statement released shortly after the judgment, the Gauteng DA said Brink's appointment as city manager "has always, and obnoxiously so, been a case of unlawfulness to the DA".

Allegations of misconduct have marred Brink's tenure.

The Gauteng DA said the municipal leadership, including Gwamanda and speaker Colleen Makhubele, had "blatantly flouted processes to ensure Brink's deployment".

"Johannesburg's rot has now been laid bare, and it is a disgrace that a High Court judgement was necessary for the law to be followed."

It added that the city manager position was "often coveted by those who make themselves guilty of corruption and tender fraud as it is a key role".

The party said that the "government of local unity" had continued to purge hard working officials to make way for cadres aligned with them.

"We look forward to bidding Brink farewell, as his tenure in the position has been filled with problematic statements, questionable decisions, and the economic hub of the country literally falling apart."

It said that the issues in the city would not be solved by simply removing the mayor, but by dissolving the council.

City spokesperson Virgil James said they would be issuing a statement on the matter later.

He could not say if the City would appeal the decision, but said that the judgment was clear.