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Legal showdown outside Floyd Brink's home over City of Johannesburg utility cut-off court order

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City of Johannesburg's manager Floyd Brink. (Papi Morake/Gallo Images)
City of Johannesburg's manager Floyd Brink. (Papi Morake/Gallo Images)

  • The sheriff is set to arrest Johannesburg City manager Floyd Brink in connection with a case that stems from a water disconnection dispute.
  • The arrest has been delayed due to a typo in the warrant.
  • Brink's impending arrest follows a court ruling against Johannesburg Water for unjustly disconnecting water, which escalated an electrical business's bill significantly.

The sheriff of the court is expected to arrest City manager Floyd Brink on Wednesday, sources have told News24, after a Johannesburg business' water was disconnected for an alleged contravention of an August court ruling that stems from a dispute over a massive water bill dating back to 2022.

According to a well-placed source, the sheriff arrived outside Brink's Roodepoort home at around 06:00 on Wednesday to enforce a warrant but 13 unmarked vehicles prevented the sheriff from doing so.

"The vehicles came in an entourage pushing up against us saying we can't enforce the warrant because it says 'Blink', a typo for Brink," the source said.

In addition, the ID number reflected is also incorrect.

The arrest is expected to be effected after the mistakes are corrected.

Johannesburg Mayor Kabelo Gwamanda said the attempt to arrest Brink was a violation of his rights and a deliberate effort to humiliate him in the presence of his family.

He added that Brink had been a "target of incessant harassment" by "certain political actors" who used the courts to compromise and prevent him from exercising his duties.

"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.

"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," he said.

Gwamanda also said "suspicious leaks" to the media and articles had been used to "further the narrative," and added that the City was cautious of the "abuse and ill-intent".

"The City has instructed its legal team to immediately lodge an urgent application to the court to stay the execution of the warrant and 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," he said.

Meanwhile, DA caucus leader Belinda Kayser-Echeozonjoku accused the "administration" of being willing to do "anything and everything" in their power to undermine the rule of law to protect Brink.

"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.

"These actions by police make them part of our corruption problem instead of helping us solve crime and corruption," Kayser-Echeozonjoku said.

Background

The debacle comes after Pibir Investments, an electrical import business, flagged a query with the City after its water bill went from R17 565.11 in December 2021 to R138 775.72 in January 2022.

On 15 August 2023, Acting Judge Yasmin Carrim ordered that the City and Johannesburg Water should not disconnect the property, pending the outcome of an application to have the water bill corrected.

The order included the reversal of the water levy and sewage charges and the correction of the statement to match the property’s functioning water meter.

Carrim further ordered that the City and Johannesburg Water were prohibited from any actions involving terminating or restricting business services or any more legal proceedings.

But, two days later, Johannesburg Water and the Johannesburg Metro Police Department arrived at the business and disconnected the water supply.

Birch said it took 10 days for the water to be reconnected and he headed back to court to have the City held in contempt.

In February, Judge Leonard Twala in the Gauteng High Court in Johannesburg ordered that Brink should be imprisoned for 30 days, which was suspended for a year on condition that neither the City nor Johannesburg Water is found in contempt.

The City was meant to fix the billing issue. However, according to Pibir director Crispin Birch, the company account was credited but the City did not come to the party.

Speaking to News24 on Wednesday, Birch said he had to approach the High Court again on Monday to have the warrant enforced because police would not do so.

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