City to seek court order to prevent City manager’s arrest

Kabelo Gwamanda and city manager Floyd Brink. Picture: Timothy Bernard / African News Agency (ANA)

Kabelo Gwamanda and city manager Floyd Brink. Picture: Timothy Bernard / African News Agency (ANA)

Published Apr 24, 2024

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THE City of Johannesburg’s (CoJ’s) has instructed its legal team to approach the courts to stave off the arrest of City Manager Floyd Brink and the abuse of any other City officials exercising their duties.

The instruction came after Joburg Mayor Kabelo Gwamanda condemned the harassment of Brink by political actors using the courts to compromise and prevent him from exercising his duties.

The comments came after reports surfaced that the sheriff was set to arrest Brink in connection with a case that stems from a water disconnection dispute.

The arrest - which follows a court ruling against Johannesburg Water for unjustly disconnecting water, resulting in the significant escalation of an electrical business’s bill - was reportedly delayed due to a typo in the arrest warrant.

Gwamanda said while the warrant of arrest against the city manager was found to be defective and erroneous and could not be executed, what was more concerning was the attempt to execute the warrant at his private residence, effectively undermining his rights and that of his minor children and family.

According to the mayor, given that the matter arose out of his official capacity as the city manager, executing his official responsibilities, it should follow that any such action, were it legal and just, should’ve been undertaken at the known business address of the City and not at his private residence.

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

“Suspicious leaks to the media and subsequent articles have also been used to further this narrative and the City takes a cautious and dim view of this abuse and ill-intent” said Gwamanda.

In a bid to prevent any further abuse of City officials, the City said it had instructed its legal team to immediately lodge an urgent court application to stay the execution of the warrant and curb the manner in which Brink in particular had been targeted.

The City said it would seek to resolve any rates and utility account disputes in an amicable, transparent and co-operative manner to avoid unnecessary and protracted litigation.

The DA’s caucus leader, Belinda Kayser-Echeozonjoku, expressed concern regarding the state of the rule of law in the City of Johannesburg.

“Johannesburg finds itself in the midst of a deeply entrenched crisis at the hands of the ANC, EFF, PA, Al Jah-ma Doomsday Coalition. This becomes more evident daily, especially taking into account that someone like Brink cannot be arrested as his name is misspelt on the warrant for his arrest.

“It is a sad day that police worked against law and order instead of in support of law and order. These actions by police make them part of our corruption problem instead of helping us solve crime and corruption.

“The fact that 13 unmarked vehicles were preventing a court order from being enforced makes one wonder if these are the VIP protectors paid for by the ratepayer? The same ratepayers whose services are disconnected illegally by Brink,” Kayser-Echeozonjoku said.