The Western Cape High Court declared a South African Police Services (SAPS) raid on the offices of two City of Cape Town’s Mayoral Committee Members as unlawful, unconstitutional, and invalid.
SAPS, in January 2025, raided Safety & Security MMC,
JP Smith; and Energy MMC, Xanthea Limberg, which police said at the time, was
linked to tender fraud in the province's construction sector. Smith,
in April 2025, filed a litigation application against the SAPS
Commercial Crimes Unit and the National Minister of Police in April this year.
The court additionally ordered the return of all devices confiscated during the raid, which includes any copies of the data that may have been created. The Minister of Police has been ordered to pay the costs of the application.
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PICTURE: PixabayExecutive Mayor, Geordin hill-Lewis, welcomed the ruling.
‘’The High Court’s order brings closure and clarity
following a SAPS raid in January, which has now been declared unlawful,
unconstitutional and invalid. To determine my response to this raid on two
Mayoral Committee Member offices, I urgently met with the Provincial
Commissioner who informed me there was no criminal docket linked to the raid.
No evidence was produced to warrant me taking action against Mayco Members JP
Smith and Xanthea Limberg, who have always conducted their public duties with
distinction and integrity.’’
‘’Now nine months later, the High Court has ruled the raid
as invalid, confirming it was conducted on spurious grounds. I am glad that
justice has been done in this matter, which unfairly cast aspersions on these
mayoral committee members, who can now continue their excellent work in service
of Capetonians. JP, in particular, is one of South Africa’s foremost crime
fighters. I’m very glad this unfortunate raid has been set aside,’’ added Mayor
Hill-Lewis.
Reacting to the ruling, Smith believes it is part of a smear
campaign - to hamstring the City’s investigations.
‘’I have steadfastly maintained my innocence since the raid
on my office on 24 January 2025 and always believed this was the result of a
calculated smear campaign against me. For nearly two decades I have worked
diligently to build the Safety and Security Directorate of the City of Cape
Town, to not only do our own job better, but increasingly support SAPS in doing
theirs, which includes targeting the heads of criminal gangs and syndicates as
opposed to only responding to street level crimes. And while Cape Town has taken steps to
protect itself, I fear for other cities who have not built their own
investigative capacity to defend themselves.’’
‘’Our investigations have led to detecting and blocking
syndicates in Cape Town which also resulted in the National Treasury
blacklisting individuals and companies, barring them from obtaining government
tenders across South Africa. I believe this is the motivation behind the smear
campaign - to hamstring the City’s investigations. When the City started arresting hundreds of
drug dealers and gangsters with illegal firearms, it caused little interest in
our activity. It was only when the impact of these investigations was felt by
the heads of these syndicates, that the attacks turned personal,’’ added JP
Smith, MMC for Safety & Security.
Done By: Mitchum George
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