The City of Johannesburg (CoJ) has instructed its legal team to immediately lodge an urgent court application to stay the execution of the warrant of arrest for city manager Floyd Brink and says it will seek to prevent any further “abuse of the legal system” to harass City officials.

Mayor Kabelo Gwamanda said he was made aware on Wednesday morning of an attempt by the Sherriff of the Court to effect an arrest on Brink in relation to a matter that involves a business of the City and a disputed water utilities account.

The business won its case in court to have the City found in contempt after the City carried out a water disconnection despite a court ruling.

A Gauteng High Court in February ordered that Brink be imprisoned for 30 days, suspended for a year if the City was not found in contempt.

The business’s director on Monday approached the court to have the warrant against Brink executed.

“However, the warrant of arrest was found to be defective and erroneous and as such could not legally be executed. Also of concern, was the attempt to execute the warrant at the Private Residence of the City Manager, undermining his rights and that of his minor children and family,” said Gwamanda.

He said “suspicious leaks to the media” and subsequent articles have also been used to further this narrative and warned that the City took a “cautious and dim view of this abuse and ill-intent”.

He said as the matter concerned Brink in his official capacity and responsibilities, legal action should have been undertaken at CoJ’s address and not at Brink’s 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,” said Gwamanda.

He added that the City aims 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.

Gwamanda urged residents to always utilise the available dispute resolution mechanisms in dealing with billing queries and complaints.