Floyd Brink, the city manager of Johannesburg, has avoided being arrested outside his private home on Wednesday morning.
Johannesburg mayor Kabelo Gwamanda said he was made aware of an attempt by the Sheriff of the Court to effect an arrest on Brink in relation to a matter that involves a resident of the city and a disputed utility account.
Gwamanda claimed that the warrant of arrest was not executed because it was found to be defective and erroneous.
Dispute on rates owed
“This legal dispute emanates from a dispute on the rates owed to the city by the said resident and the corrective steps undertaken to rectify the same,” Gwamanda said.
“However, the warrant of arrest was found to be defective and erroneous, and as such, it could not be legally executed.
“Also of concern was the attempt to execute the warrant at the private residence of the city manager, undermining his rights and those of his minor children and family.
“Given that the matter arises out of the official capacity of the city manager and his official responsibilities, it ordinarily follows that any such action, were it legal and just, should’ve been undertaken at the known business address of the city and not at a private residence.”
Target of incessant harassment
Gwamanda said Brink 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.”
The city has instructed its legal team to immediately lodge an urgent application with the court to stay the execution of the warrant.
Abuse of legal system
He explained further: “The city will seek to prevent any further abuse of the legal system to harass officials of the city in the manner in which the city manager has been targeted.
“Equally, the city endeavours to resolve any rates and utility account disputes in an amicable, transparent, and cooperative manner with the affected clients to avoid unnecessary and protracted litigation.
“In this regard, we urge residents to always utilise the available dispute resolution mechanisms, which have proven to be effective in assisting residents with billing queries and complaints.”
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