JP Smith considers legal action after High Court ruling on unconstitutional search

Mayco member for Safety and Security, JP Smith, often dubbed “the Sheriff” of the City said he’s receiving legal advice whether to pursue steps for retribution following the Western Cape High Court’s decision declaring the search at his municipal offices as unconstitutional.

Hours after Smith released the court’s findings, the Cape Argus asked Smith whether he would be seeking compensation financially for defamation of character, to which he answered: “I’m taking advice from my legal team, I am usually not a person that seeks retribution but I am aware that if you do not keep those accountable who misuse the criminal justice system, they will continue to weaponize it against their opponents."

Smith’s colleague, Xanthea Limberg, mayco Member for Energy, who was the second applicant in their court application, which respondents included, Mayor Geordin Hill-Lewis, Provincial Police Commissioner, Thembisile Patekile, Carel Johannes Lourens, the Minister of Police and many others.

She said the search of her office was an attempt to destroy her reputation.

“From the onset, I viewed the allegations levelled against me as nothing more than a cheap attempt to tarnish my reputation and undermine the integrity of the work I do daily to serve the people of Cape Town," Limberg stated.

“The court’s outcome is a clear vindication and reveals what appears to be a worrying abuse of the criminal justice system, which is entrusted to uphold the law and bring to justice actual hardened criminals instead of being weaponised against political opponents.”

In January, Smith vowed to clear his name and steadfastly maintained his innocence.

He said this under the backbone, that he has worked for two decades to build the City of Cape Town's Safety and Security Directorate, which increasingly supports SAPS in targeting gang and syndicate leaders.

In January provincial police cited that the raid was part of further investigations into tender fraud in the construction sector within the City.

The Mayor said he urgently met with the Provincial Commissioner who confirmed 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,” he stated.

National Assembly Chairperson of the Portfolio Committee on Police, Ian Cameron said the raid was nothing more than a malicious political attack.

“For years JP has driven Cape Town’s fight against gangs and drug lords, building a capacity that protects residents where national policing has failed. That work clearly threatened powerful interests,” he said.

“When police units are twisted into tools for political smear campaigns instead of crime-fighting, the damage to public trust is immense. South Africans deserve a SAPS that hunts criminals, not one that harasses those confronting them.

“The task ahead is to restore integrity, rebuild credibility and ensure that no unit of SAPS is ever again reduced to a weapon against justice.”

Opposition parties have raised concerns following the Western Cape High Court’s ruling declaring a police raid on the offices of two Cape Town Mayoral Committee (Mayco) members unlawful, unconstitutional, and invalid.

The High Court ruling follows litigation brought by Mayco members JP Smith and Xanthea Limberg after a SAPS Commercial Crimes Unit raid on their offices on January 24 this year.

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Cape Argus