Cape Town’s Mayoral Committee Member for Safety and Security, JP Smith, has initiated legal action against the South African Police Service (SAPS), challenging the legality of the raid on his office earlier this year.

Smith lodged an application with the Western Cape High Court, alleging that the search and seizure operation was conducted in bad faith and based on misleading information.

“On 17 April 2025 I lodged an application with the Western Cape High Court against SAPS and the magistrate concerning the much publicised raid on my office,” said Smith in a statement.

This is after a search of Smith’s office by police in January. It was said to be part of an ongoing investigation into housing tender fraud within the construction sector. Smith, however, believes the raid was both unlawful and politically motivated.

“When this ordeal started I was unwilling to believe that SAPS were acting in bad faith.  I presumed that they were fed false information by corrupted sources or witnesses…  Over time, as more information has been made available to me, it has become difficult to conclude that SAPS was and is still unaware of evidence to the contrary,” said Smith.

According to Smith, the warrant used for the raid contained false statements, significant omissions, and did not disclose key facts to the magistrate. He further noted that SAPS did not inform the court that a separate application to search his home had previously been denied.

He claims that despite offering to cooperate with police in its investigations, SAPS pursued the raid without offering him the opportunity to defend himself.

“Due to the bad faith illustrated by SAPS and lack of honesty in obtaining the warrants and due to their refusal to return the devices as required by the warrant, it has become necessary to seek relief from the court so we can continue our work and our fight against crime without impediment.”

Smith also suggested that elements within the police were actively working to damage his reputation. He believes the raid formed part of a broader smear campaign aimed at removing him from public office.

“The actions of SAPS has done significant damage to my reputation and has constrained my ability to do my work properly.   As someone who has always been led by their conscience and for whom their reputation matters, the events of 24 January 2025 have caused me a great deal of trauma and distress,” said Smith.

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