Johannesburg High Court stays warrant of arrest against City of Johannesburg City Manager Floyd Brink.
TRUE to its word to protect and defend its employees, the City of Johannesburg (CoJ) has succeeded in staying the warrant of arrest against city manager Floyd Brink.
The City announced after sheriffs visited Brink’s Roodepoort home to effect an arrest over a municipal dispute on April 19 that it had instructed its legal team to lodge an urgent application with the Gauteng High Court, Johannesburg, to prevent further abuse of its employees.
The threat of 30 days imprisonment for Brink came as a result of a billing issue experienced by a resident in Stafford who took the City to court following a disconnection in August 2023.
While the high court ordered that the City should not disconnect the water supply to the applicant’s property pending the outcome of the application, the City however did not abide by the order and were found to be in contempt of court.
Following the urgent court application on Friday, the high court ruled in favour of the City to stay the execution of the warrant of committal issued against Brink in his capacity as the city manager.
In terms of the draft order, the arrest warrant would remain in effect pending the outcome of the application for leave to appeal or recession application.
The City’s statement said: “The City has maintained and continues to argue that the order relied upon by AB PIBIR INVESTMENTS (PTY) LTD, in trying to effect an arrest on the city manager, was defective and not compliant with principles of fairness as guaranteed by the Constitution.
“Equally, the tactics employed by Gittins Attorneys and the sheriff in seeking to execute the warrant were mischievous and politically motivated to embarrass and intimidate the city manager.”
The City described the attempt to arrest a City official conducting his official duties as an abuse of the courts and the legal system to create false narratives of dysfunctionality, which it said were unhelpful.
Despite the fracas, the City added that it remained committed to legally, fairly and transparently resolving rate disputes with citizens and would do so in a cordial and constructive manner.
The Star
goitsemang.matlhabe@inl.co.za
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