High Court declares SAPS raids on Smith, Limburg unlawful

On September 11, 2025, the Western Cape High Court declared the January 24 raids on the offices of Alderman JP Smith and Alderman Xanthea Limberg, members of Cape Town’s Mayoral Committee, unlawful.

Judge Judith Cloete ruled the search and seizure warrants “inconsistent with the Constitution, unlawful, and invalid,” following a legal challenge by the two Democratic Alliance (DA) officials against the issuing magistrate, Police Minister Senzo Mchunu, National Police Commissioner Fannie Masemola, and Western Cape Police Commissioner Lieutenant-General Thembisile Patekile. The City of Cape Town welcomed the decision, which mandates the return of seized items and imposes costs on the Police Minister.

The raids, conducted by the Hawks, targeted the Civic Centre offices of Smith (Safety and Security) and Limberg (Environmental Affairs and Development Planning) as part of Operation Clean Sweep, a national investigation into alleged tender fraud in Cape Town’s construction sector, valued at 1 billion rand ($55 million) over five years.

Despite the judge’s ruling that their search was groundless, SAPS Lieutenant-General Patekile has insisted they will continue pursuing City officials. JP Smith announced today that he is considering legal recourse against SAPS for the raid.

The operation, led by the National Prosecuting Authority’s Investigating Directorate Against Corruption, flagged 200 million rand in allegedly irregular expenditure. On January 24, officers seized electronics, including 20 cell phones, 15 laptops, and thousands of documents related to procurement for roads, housing, and stormwater projects. No arrests or charges followed, and the City reported no criminal docket was linked to the raids.

Smith and Limberg challenged the warrants, arguing they violated constitutional protections under Sections 10 (dignity), 14 (privacy), and 21 (freedom from arbitrary search). Judge Cloete agreed, citing insufficient probable cause. The court ordered the return of all seized items within 48 hours, the destruction of any copied data, and payment of legal costs by the Police Minister, straining public finances amid South Africa’s fiscal constraints.

Alderman Limberg, who oversees 300 million rand in tenders for urban planning and environmental compliance, described the raids as a “cheap attempt” to tarnish her reputation. She suggested political motives, noting the disruption to her work on Cape Town’s 10 billion rand Climate Adaptation Plan, which includes sustainable housing and coastal protections. “The ruling reveals a worrying abuse of the criminal justice system,” she stated, emphasizing the need to target “hardened criminals” rather than political opponents. Alderman Smith called the raids “spurious.”

The seizures disrupted operations under the Law Enforcement Advancement Plan, which deployed 1,000 officers and has been credited with cutting murders by 20% in 2024. The return of his devices restores coordination with the South African Police Service and Metro Police in high-crime areas like the Cape Flats.

Mayor Geordin Hill-Lewis hailed the ruling as bringing “closure and clarity.” He noted the absence of a criminal docket, as confirmed by the Provincial Commissioner, and defended the officials’ integrity. “No evidence warranted action against Smith and Limberg, who serve Capetonians with distinction,” he said. Hill-Lewis, whose administration has secured clean audits and 50 billion rand in infrastructure investment, suggested the raids’ timing—before the 2025 budget—aimed to destabilize DA governance.

The raids affected 10 City officials but yielded no charges, mirroring stalled probes elsewhere, such as eThekwini in 2024. The High Court’s ruling aligns with the 2023 Zondo Commission’s critique of state capture tactics, highlighting law enforcement overreach.

The DA has called for an Independent Police Investigative Directorate probe into the Hawks’ conduct, while tensions persist between national and provincial authorities. The decision allows Smith to advance plans for 2,000 LEAP officers by 2026 and Limberg to focus on housing and environmental goals. For Cape Town’s 4.8 million residents, the ruling reinforces judicial checks on police powers, ensuring governance remains focused on service delivery.