JP Smith court application an 'elitist tactic' - SACP

Safety and Security mayco member JP Smith's urgent application filed to the Western Cape High Court against SAPS and a magistrate, accusing them of procedural dishonesty following the raid on his office, has been dismissed by the SA Communist Party (SACP) as an elitist tactic designed to derail a criminal investigation.

Smith said he approached the court on April 17, alleging that the search and seizure warrants used during the January 24 raid were “unlawfully obtained” and based on “falsehoods, errors, and critical omissions”.

According to Smith, the actions by the SAPS infringed on his constitutional rights and disrupted the operational effectiveness of his portfolio.

The raid garnered widespread political and public attention amid allegations that the SAPS was investigating Smith’s alleged links to suspects arrested in connection with a criminal syndicate accused of targeting public contracts.

Smith, however, maintains he is not a suspect and says he has consistently worked to expose the very individuals who are now facing charges.

“The allegations against me are false and there is abundant evidence in the public domain of my continued actions to do the exact opposite of which I am accused,” he said in a public statement.

“This includes taking action to remove compromised and corrupt individuals from the city, and supporting investigations to undermine criminal networks.”

Smith’s court application includes several allegations:

• That the SAPS failed to inform the magistrate that a previous warrant application for his home had been denied.
• The investigating officer misrepresented Smith’s role, omitting that he had alerted authorities to the suspects now under arrest.
• That officers knowingly failed to clarify that the “JP” initials in the so-called “black books” referred to someone already charged, not him.
• And that the warrant was overbroad and resulted in the seizure of devices belonging to city staff not named in the affidavits.

He said, despite commitments, the SAPS had not returned imaged devices after more than three months, affecting service delivery and internal operations.

However, the SA Communist Party (SACP) in the Western Cape dismissed Smith’s legal action as an elitist tactic designed to derail a criminal investigation.

SACP provincial secretary Benson Ngqentsu said: “JP Smith’s intention to litigate against the SAPS following the raid on his office is nothing but a textbook response from someone born with a silver spoon in his mouth and a blatant ploy to intimidate investigators. Like every other accused in this country, he must subordinate himself to the full force of the criminal justice process and wait for his trial date in court.”

Ngqentsu added that there should be no “special dispensation for the politically connected or the elite”, and that the police must remain independent and unmoved by political pressure.

“If Mr JP Smith believes his rights were violated, he is free to pursue that claim after he has answered to all the charges, like any ordinary South African. No amount of press statements or legal threats can deter the police’s meticulous investigation. I call on the SAPS to remain resolute in their investigation, free from fear, intimidation, favour, or interference.”

Western Cape police spokesperson, Novela Potelwa, said they are aware that an application was brought before the Western Cape High Court.

“It is handled by the SAPS legal services. As a precaution and out of respect for the legal processes that are unfolding, the South African Police Service deems it inappropriate to run commentary on the matter at this stage.”

The court is yet to set a date for the hearing of Smith’s urgent application.

Cape Argus