Legal battle ahead: JP Smith accuses SAPS of malicious intent in office raid

Mayoral committee member for safety and security, JP Smith, at the DA briefing on the shortcoming of the national South African Police Service in Cape Town, 27 September 2018. (Photo: Leila Dougan)

By Suné Payne

5 May 2025

Months after a raid at his City of Cape Town office, JP Smith claims the South African Police Service’s ‘actions have damaged my reputation and constrained my ability to work properly’. Now he’s taking them to court, claiming the raids were based on false information in affidavits.

Cape Town mayoral committee member for safety and security JP Smith has said he is going to court over the January police raid at his council office in the CBD, which he says was based on unlawful search-and-seizure warrants.

Smith revealed this on Monday, 5 May in a statement.

In January, Smith and fellow councillor Xanthea Limberg’s offices were raided by the South African Police Service (SAPS) in connection with “tender fraud in the construction sector within the City of Cape Town municipality”.

Read more: Calls for suspension of Cape Town mayco members JP Smith and Xanthea Limberg after police raid offices

Smith and Limberg maintain their innocence, with Smith claiming he’d been tipped off that “political actors” were working on a smear campaign against him. Limberg contended it was her proximity to Smith that made her a target for the raid.

On Monday, Smith said he initially filed papers on 17 April at the Western Cape High Court against SAPS and the magistrate over the raid at his office. He said his decision to go public with the statement was due to “recent disinformation and politically driven campaigns”.

He added that a “failed ANC spin doctor’s inaccurate social media posting and an opposition party’s statements, presumably based on SAPS leaks, have prompted me to respond”.

https://www.youtube.com/watch?v=mbjGkfgKaxU&t=138s&ab_channel=DailyMaverick

On Monday, Smith said that immediately after the searches “I was advised that the warrants, which contain numerous falsehoods, errors and critical omissions, are unlawful and should be legally challenged”.

He claimed the warrants obtained for the search and seizure were unlawful for several reasons, including false information contained in the affidavit filed in support of the warrant. Another reason was that “the investigating officer’s failure to inform the magistrate that another application for a search warrant on my personal residence, made five days prior, had been refused by a different magistrate”.

Smith claimed SAPS was aware that the “JP” referred to in the so-called black books or ledgers was not him, but someone else who was already facing criminal charges. News24 reported that these “black books” led to the raid on Smith’s offices.

Smith also claimed that despite his offer of assistance and access to all required devices and information for several months preceding the application, SAPS claimed the “warrant was the only way” to access his devices.

Smith also claimed the warrants were “overboard”, which allowed SAPS to seize items which belonged to unrelated persons, “including City staff not referred to in the warrants”.

Mayoral committee member for safety and security JP Smith at a DA briefing on the South African Police Service in Cape Town on 27 September 2018. (Photo: Leila Dougan)

Smith said on Monday that through his attorney “I made several requests for meetings and offers of assistance. SAPS only appeared willing to obtain recordings of conspirators plotting against me.”

“The warrants permitted SAPS to make digital images of seized devices and return them within 1-2 weeks. It’s been 14 weeks, and the devices haven’t been returned without proper explanation. I’ve repeatedly requested their return, as staff members can’t replace their devices, impairing our work,” he said.

He claimed that because of SAPS’ bad faith and lack of honesty in obtaining the warrants, as well as the refusal to return devices, he approached for relief from the courts.

“The media frenzy and reputational harm resulting from the search should never have been permitted. The allegations against me are false, and there’s abundant evidence of my actions to remove compromised individuals from the City and establish investigative resources,” he said.

Smith added that “when this ordeal started, I was unwilling to believe SAPS was acting in bad faith. However, as more information became available, it’s become difficult to conclude that SAPS was unaware of evidence to the contrary.”

The actions “underscored the agendas being driven and make me wonder whose interests are being served”.

As Daily Maverick’s Caryn Dolley reported at the time, while the police raid had occurred, it did not stop allegations of smear campaigns around this case.

In the aftermath of the raids and the political fallout, Cape Town mayor Geordin Hill-Lewis said there was no “strong evidence” to suspend Smith nor Limberg from their positions. Opposition parties within the city council wanted Limberg and Smith to be suspended, even staging a protest outside the city council in January 2025 after a council meeting was moved to a virtual sitting following the raid on the pair’s offices.

On Monday, Smith said: “SAPS’ actions have damaged my reputation and constrained my ability to work properly. The events of 24 January 2025 have caused me trauma and distress, which I believe was the intention of those who engineered this smear campaign.”

Despite this “I’ll continue to do my work to the best of my ability, and I’ve obtained legal representation to present evidence in court”. DM

Daily Maverick was unable to obtain immediate comment from SAPS. It will be added to the story once received.

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