Cape Town mayoral committee member JP Smith has launched legal action against the South African Police Service (SAPS). He is seeking damages after a court declared a police raid on his office unlawful and unconstitutional.

Nearly a year has passed since the Western Cape High Court set aside the search warrants. Smith says the matter is far from over.

Smith posted a statement on social media. He described the January 2025 raid as “an extremely reckless, coordinated affair.” He said the courts had wrongfully entertained an attempt to damage his reputation.

“I previously approached the courts for themselves to assess the validity and manner in which the application had been made and they declared that I had been wronged and had the search warrants set aside,” he said.

He said widely circulated allegations which attempted to link him to figures in the criminal underworld could not simply be undone.

“The previous allegations that had already been widely circulated is not something that can simply be ‘washed away’ with an apology,” Smith said.

Smith said his goal was clear “to hold those responsible accountable for their actions.”

He said he could not discuss the specifics of the proceedings. He directed all enquiries to his legal counsel, Simon Dippenaar & Associates.

The raid

On 24 January 2025, SAPS’s Commercial Crimes Unit raided Smith’s office. Officers were investigating alleged tender fraud in the City’s construction sector.

Mayor Geordin Hill-Lewis met urgently with the Western Cape provincial commissioner after the raid.

“No evidence was produced to warrant me taking action against Smith, who has always conducted his public duties with distinction and integrity,” Hill-Lewis said at the time.

Court rules in his favour

Smith approached the Western Cape High Court in April 2025. He challenged the validity of warrants granted by Magistrate Deon van der Spuy.

His application argued the warrants contained falsehoods, errors and critical omissions. Critically, the investigating officer failed to tell the magistrate that another magistrate had already refused an earlier application to search Smith’s private home.

On 11 September 2025, Judge President Nolwazi Mabindla-Boqwana ruled in his favour. She declared the warrants unlawful, invalid and inconsistent with the Constitution.

The court ordered SAPS to return all seized devices within seven days. It also ordered SAPS to destroy any copies of data obtained from them. The court further ordered the Minister of Police to pay the legal costs.

Hill-Lewis described Smith as “one of South Africa’s foremost crime fighters.” He said the ruling gave the City “closure and clarity.”

SAPS asked to respond

The People’s Post sent a media enquiry to SAPS Western Cape spokesperson Col. Andrè Traut. We asked whether SAPS intended to oppose the damages claim. We also asked whether the service had any comment on the court’s finding that the warrants contained falsehoods and critical omissions. Finally, we asked whether SAPS Western Cape still intended to pursue City officials.

SAPS had not responded by the time of publication.

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