High Court ruling sparks opposition concerns over SAPS raid legality

Opposition parties have raised concerns following the Western Cape High Court’s ruling declaring a South African Police Service (SAPS) 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 an SAPS Commercial Crimes Unit raid on their offices on January 24, 2025.

The court found that the search and seizure warrants were unlawful and invalid, ordering that all seized devices be returned and the Minister of Police pay the associated legal costs.

National Coloured Congress president Fadiel Adams said his party respected the court’s findings but questioned the equal application of the law.

“We respect the findings of the court. We respect the judgment and the ruling. This is a country of laws after all. We are curious, though. We would like to understand if there is a different law for the well-heeled, the wealthy, and the white, and for the rest of us,” Adams said.

He added that at present, his party is struggling to obtain a search warrant against a well-resourced white male despite substantial evidence against him.

Economic Freedom Fighters (EFF) proportional councillor Banzi Dambuza described the judgment as “frivolous with massive concerns”.

“These concerns are what we have constantly complained about, that justice in South Africa has a skin colour and justice in South Africa as a price tag, where what is taking place is that, if you are white, you will be exempt from certain issues and matters. If you are in power, you will be exempt from issues, and then you will be treated differently. There was a search warrant that was issued for Malusi Booi, but no one came back and said that it was unlawful.

“But because it’s the Sheriff of the City of Cape Town, the one that is highly protected by everyone, then this one is considered unlawful because you want to make sure that you protect his name, as we are going to the 2026 local government elections.”

Smith, the Mayco member for Safety and Security, welcomed the ruling, saying he had consistently maintained his innocence.

“I have steadfastly maintained my innocence since the raid on my office on 24 January 2025 and always believed this was the result of a calculated smear campaign against me,” he said.

Smith described the raid as part of a broader effort to undermine the city’s investigative capacity and highlighted the work of the Safety and Security Directorate in targeting criminal syndicates.

“For nearly two decades, I have worked diligently to build the Safety and Security Directorate of the City of Cape Town, to not only do our own job better, but increasingly support SAPS in doing theirs, which includes targeting the heads of criminal gangs and syndicates as opposed to only responding to street-level crimes,” he said.

Smith said the city’s investigations had led to detecting and blocking syndicates, resulting in the National Treasury blacklisting certain individuals and companies from obtaining government tenders.

He suggested that this outcome was a motivation for the smear campaign.

“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,” Smith said.

He also highlighted threats to his personal safety over the years and attacks on the city’s Safety and Security Investigations Unit (SSIU) and Safety and Security Information Management Services (SSIMS), which had been labelled a “rogue unit” by former police minister Bheki Cele.

Limberg, the other Mayco member affected by the raid, welcomed the court’s order, describing it as a clear vindication.

“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.

She noted that the court’s ruling, which came from a settlement agreement among all parties, declared the search and seizure warrant inconsistent with the Constitution, unlawful, and invalid.

Limberg said the court had ordered the return of all seized items and the deletion of any copied data.

Cape Town Mayor Geordin Hill-Lewis also welcomed the High Court’s ruling, calling it “closure and clarity following a SAPS raid in January, which has now been declared unlawful, unconstitutional, and invalid”. 

He said no evidence existed to warrant action against the two Mayco members.

“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 described Smith as “one of South Africa’s foremost crime fighters” and expressed satisfaction that justice had been done.

mandilakhe.tshwete@inl.co.za