'A cheap attempt to tarnish my reputation,’ says Xanthea Limberg after court rules raids unlawful
The City’s Mayoral Committee Member for Energy, Xanthea Limberg welcomed the judgment.
Image: Independent Newspapers Archive
The Western Cape High Court has ruled that the raids conducted on January 24 at the offices of Alderman JP Smith and Alderman Xanthea Limberg were unlawful, a decision that has been formally welcomed by the City of Cape Town.
Delivering judgment on Thursday, September 11, the court held that the search and seizure warrants were “inconsistent with the Constitution, unlawful, and invalid."
The finding followed a challenge instituted by Smith and Limberg against the issuing magistrate, Police Minister Senzo Mchunu, National Police Commissioner Fannie Masemola, and Western Cape Police Commissioner Lieutenant General Thembisile Patekile.
Mayco member for Safety and Security JP Smith has cleared his name following a raid at his office earlier this year.
Image: File Picture
The raid was alleged to be part of an investigation into tender fraud in the construction sector within the City of Cape Town.
At the time, Limberg and Smith were slated after the raids where police seized electronics, including cell phones and other items.
In a statement released, Limberg welcomed the ruling made by the court.
“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,” she said.
Cape Town Mayor Geordin-Hill Lewis has welcomed the ruling made by the Western Cape High Court.
Image: Supplied
Limberg said the order is an outcome of a settlement agreement among all parties involved.
“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,” Limberg said.
The police have also been ordered to return all items seized during the raid, and all items that were copied or mirrored had to be disposed of and destroyed with immediate effect.
The court also ordered the Police Minister to pay all costs incurred by the applicants during the application.
“I wish to thank all those who stood by me and refused to be misled by a smear campaign without evidence,” Limberg added.
Cape Town Mayor Geordin Hill-Lewis said the high court order brings closure and clarity.
“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,” Hill-Lewis said.
He said the judgment by the court has confirmed the raid 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 the 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,” Hill-Lewis said.
robin.francke@iol.co.za
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