Mayoral Committee Member for Safety and Security, JP Smith, has filed an urgent application in the Western Cape High Court against the South African Police Service (SAPS) and a magistrate, accusing them of procedural dishonesty, bad faith, and reputational harm following the high-profile raid on his office earlier this year.

Smith said he approached the court on April 17, alleging that the search and seizure warrants used during the January 24, 2025, 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 said he had initially opted not to challenge the legality of the warrants, choosing instead to cooperate fully with the SAPS in good faith.

This included unlocking all seized devices and offering to meet investigators. However, after 14 weeks without any returned items or meaningful communication, he said the situation had become untenable.

Smith’s court application includes several key 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.

“This has been to no avail,” said Smith. “Staff are unable to replace their devices, and the absence of laptops and cellphones is impairing our ability to do our work.”

He further alleged that the SAPS ignored his repeated offers to assist, and instead pursued warrants based on “fabricated or misleading” information.

He also claimed the SAPS was particularly focused on obtaining audio recordings he had received, in which alleged conspirators could be heard plotting to destroy his reputation. According to Smith, the voices in the recordings may include SAPS members based in the Western Cape.

Though Smith said he was initially reluctant to publicise his legal action to avoid political fallout, he cited “deliberate disinformation” in recent weeks —i ncluding a viral post from a “failed ANC spin doctor” — as forcing his hand.

“These ongoing disinformation and politically-driven campaigns have again underscored for me the agendas being driven and make me wonder whose interests are being served by those doing this,” he said.

Smith pointed to several recent milestones achieved under his watch, such as the expansion of the city’s tactical response units, the re-establishment of the Rail Enforcement Unit, and metro police deployments across all wards, as evidence that the allegations against him were “baseless and politically motivated”.

“I have obtained legal representation and have submitted the matter to the courts, where all the evidence of the malicious actions can be presented and where the public will have their questions answered.” 

However, the South African 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 South African Police Service 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 Brigadier Novela Potelwa said they are aware that an application was brought before the Western Cape High Court about the raid.

“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.

mandilakhe.tshwete@inl.co.za 

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