Failed bid to serve warrant on Joburg city manager was abuse of power

The City of Johannesburg has criticised an attempt to serve a warrant of arrest on city manager Floyd Brink after a legal dispute, which is in the courts, over rates owed to the city by a resident. 

On Wednesday the sheriff of the court tried to effect the warrant on Brink.

According to DA councillor Belinda Kayser-Echeozonjoku, the sheriff was acting on a contempt of court order in a matter relating to a resident, whose services were disconnected illegally. Brink failed to comply with a previous order and was found in contempt.

According to the city, the warrant was defective and erroneous and could not be legally executed. 

Johannesburg mayor Kabelo Gwamanda expressed concern about the attempt at Brink’s private residence, saying it undermined his rights and those of his minor children and family. 

Gwamanda said given that the matter arose from the official capacity of the city manager and his official responsibilities, to be legal and just such action should have been undertaken at the known business address of the city, and not at a private residence.

“The city manager has been the target of incessant harassment by certain political actors using the courts to compromise and prevent him from exercising his duties,” he said.

“This attack on his person and character has now been orchestrated to embarrass and target him and his family, and to create a public perception that the city manager is a suspect in a criminal matter. The city takes a dim view of this abuse and ill-intent.”

Gwamanda has instructed the city’s legal team to lodge an urgent application to the court to stay the execution of the warrant.

The lawyers will also seek to prevent “abuse of the legal system” to harass officials in the manner in which the city manager has been targeted.

“The city endeavours to resolve any rates and utility account disputes in an amicable, transparent and co-operative manner with the affected clients to avoid unnecessary and protracted litigation. We urge residents to use the available dispute resolution mechanisms, which have proved to be effective in assisting residents with billing queries and complaints,” Gwamanda said. 

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