By Lehlohonolo Lehana.
City of Johannesburg has turned to the courts to stay the execution of the warrant of arrest against the municipal manager Clint Brink.
On Wednesday the sheriff of the court tried to effect the warrant on Brink.
The sheriff was enforcing a contempt of court order in a legal case involving a resident whose services had been unlawfully disconnected.
The metropolitan municipality failed to adhere to a court order that had prohibited the city from disconnecting utilities.
The warrant was, however, “defective and erroneous” because Brink’s name was misspelt so it could not be legally executed.
Lawyers representing the aggrieved client, Gittins Attorneys, said the warrant was not executed due to the misspelling of the city manager’s surname, which was written as “Blink” instead of “Brink”.
The city labeled the move as an “abuse of legal processes”.
“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.
“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,” the municipality said in a statement on Wednesday.
Mayor Kabelo Gwamanda said the city manager was the target of “incessant harassment by political actors” abusing the court process.
“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.
Gwamanda confirmed that they City lodged an urgent application to the court to stay the execution of the warrant.
Gittins Attorneys said they would challenge the city’s urgent application.
The city endeavours to resolve any rates and utility account disputes in an amicable, transparent and co-operative manner with the affected clients to avoid unnecessary and protracted litigation. We urge residents to use the available dispute resolution mechanisms, which have proved to be effective in assisting residents with billing queries and complaints, “Gwamanda added.