The Western Cape High Court on Thursday issued an order declaring the raid at Aldermen JP Smith and Xanthea Limberg offices unlawful.
The order comes after Smith and Limberg filed an application against the South African Police Services (SAPS) Commercial Crimes Unit and the National Minister of Police in April following a raid at their offices on January 24, 2025.
The raid was part of an investigation into the tender fraud matter in the construction sector within the City of Cape Town.
“I have steadfastly maintained my innocence since the raid on my office and always believed this was the result of a calculated smear campaign against me,” said Smith.
“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. Over the years I was informed by SAPS and other agencies of several threats to my personal safety,” he added.
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.
Following the raid, Cape Town Mayor Geordin Hill-Lewis was criticised for how he handled the case compared to how quickly he acted to remove Malusi Booi after his office was raided. Booi was suspended the next day as the investigation continued. He was then fired from Council eight days later.
Speaking at the time, Hill-Lewis said there’s a crucial difference between the two matters as Booi’s matter has since proceeded to trial.
‘In the Malusi Booi matter, SAPS gave me insight into substantive evidence of alleged corruption and advised me of their intention to make an arrest. This enabled me to act based on credible and substantive evidence, which is absent at this stage in this matter,’’ he added.
Regarding Smith and Limberg’s case, Hill-Lewis maintained that SAPS had not provided him substantive evidence of alleged wrongdoing by either of the Mayco members.
“In the circumstances, and unless such substantive evidence is forthcoming, there is no basis to suspend either of them from the Mayoral Committee,” he said at the time.
sinenhlanhla.masilela@iol.co.za
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