Standoff at Joburg city manager’s home raises questions of political interference

Who were the “heavies” in unmarked cars – some sporting flashing blue law enforcement lights – who formed a laager around Joburg city manager Floyd Brink yesterday to prevent papers being served on him by the Sheriff of the Court?

Whether the more than two dozen people in 13 cars outside Brink’s Roodepoort house were plain clothes Joburg Metro Police Department (JMPD) officials is not clear.

JMPD spokesperson Xolani Fihla refused to comment, referring The Citizen back to the city when asked why, purportedly, metro officers resisted Brink’s cuffing.

Entire process flawed

But according to Joburg spokesperson Mlimandlela Ndamase, the entire process was flawed from the beginning. “There is no way the sheriff can single-handedly go and arrest someone, no matter who it is.

“You need to be accompanied by members of the South African Police Service, who are mandated to effect arrest. The sheriff cannot do that,” he said.

It also emerged that Brink’s temporary freedom was based on a technicality that does not exist. A misspelling of his name, Blink instead of Brink, caused the delay, along with other technicalities, such as an incorrect ID number.

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Attorney Eric Bryer said it was nonsense. “If you misspell a name, if a warrant includes spelling errors, it really makes no difference. In addition, the city manager is a known person. He should have been arrested,” he said.

Target of ‘incessant harassment by certain political actors’

Joburg mayor Kabelo Gwamanda said: “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 crime suspect.

“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 have been undertaken at the known business address of the city, and not at a private residence.”

A law enforcement insider said instead of halting Brink’s arrest, agencies like the JMPD should have aided it. The insider said metro police departments were legislated as peace officers and obliged to execute warrants.

In addition, the individual said that should a peace officer resist in their duties, or actively oppose it, it would be tantamount to defeating the ends of justice.

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An officer from another metro police department confirmed to The Citizen this would be the case.

Brink didn’t intend to hand himself over

Ndamase said Brink didn’t intend to hand himself over, either, citing discussions between the city and the sheriff’s office.

Another source close to Brink suggested the entire show yesterday was developed for and played to social media with a clear political motive.

The source alleged that the Democratic Alliance (DA), who opposed Brink’s appointment from the start, was behind a giant publicity stunt to shame the executive, including the mayor, into getting rid of Brink.

“I know for a fact that some DA councillors have also given Floyd’s home address and private cell number to residents, telling them to go straight to him for any service delivery issues,” the source said.

DA dismissed allegations

Joburg caucus leader Belinda Kayser-Echeozonjoku dismissed the allegations outright.

ALSO READ: DA in Joburg demands Floyd Brink step aside while court deliberates on his appointment

“The DA reject this claim with the contempt it deserves. The DA was not even aware of an arrest warrant or residents’ litigation against the city, and only became aware of this when it started circulating on social media and the media reported on it,” she said.

“It’s precisely these types of responses and their failure to introspect that is causing the city to slip into a collapse of service delivery.”

A warrant for contempt of court, along with a 30-day stay in prison, was issued for Brink after the city failed to appear in court last year. A resident had taken the city to court for what the resident claimed was an illegal water disconnection, following a dispute over an unusually high bill.

The city was ordered not to cut off the water until the billing issue was resolved.

Meanwhile, Ndamase said that Joburg Water had no record of any disconnection and that the metro is presently investigating how the resident’s water was cut off.