‘No strong evidence’ in Xanthea Limberg, JP Smith saga, says Cape Town mayor

What was meant to be the first 2025 council sitting in the City of Cape Town – and a celebration for a clean audit – was overshadowed by the ongoing fallout after police raids at the offices of veteran councillors and mayoral committee members JP Smith and Xanthea Limberg. 

On Thursday, 30 January, opposition political parties protested outside the Civic Centre while Mayor Geordin Hill-Lewis addressed the council in a virtual sitting.

Since news broke of a raid at the Civic Centre offices of Smith and Limberg – Mayco members for safety and security and energy respectively – opposition parties called for the pair to be suspended.

Police say the raids were related to ongoing investigations into the “construction mafia”, while Smith claims the investigation is “politically motivated”.

Parties were already angered after the council sitting, scheduled for an in-person, physical sitting, was shifted to a virtual one following opposition party threats to disrupt it. The National Coloured Congress had called on parties to prevent Smith from speaking in council.

On Wednesday afternoon, Mayor Geordin Hill-Lewis said after meeting police that there was insufficient evidence of wrongdoing and thus there was “no basis to suspend either of them from the mayoral committee”. 

As the council meeting began, political parties protested, calling for Smith and Limberg to be suspended.

Parties waving posters outside the civic centre included the African National Congress (ANC), National Coloured Congress (NCC) and Economic Freedom Fighters (EFF). When the council meeting was due to begin, EFF members tried to enter the building. 

This led to a shouting match and protesters were denied access if they had no access cards. The politicians continued their protest amid a police presence. 

Outside the Cape Town Civic Centre this morning, where council members want entrance to the centre in a bid to gain access. The city is due to have its first council sitting today but opposition parties want it physical. @dailymaverick pic.twitter.com/Hh0MQD4CRm

— Suné Payne (@SunePayne) January 30, 2025

Opposition parties told Daily Maverick that they had permitted their councillors to attend the virtual council sitting, but they were not allowed to sign the attendance register.

The NCC’s Dean Goliath said “our councillors are inside, but they will not participate – that is the directive.” The party holds seven seats in the council. 

ANC regional chairperson Ndithini Tyhido said its councillors were sent in, but they were instructed not to sign any attendance registers. The ANC is the official opposition, holding 43 seats. 

Tyhido reiterated the ANC’s calls for Smith and Limberg to be suspended as this had happened to axed councillor Malusi Booi after he was implicated in alleged fraud and corruption. 

Read more: Unravelling the puzzle involving councillors JP Smith, Xanthea Limberg and axed DA councillor Malusi Booi’s upcoming court appearance

Tyhido told Daily Maverick it was a “wrong precedent” by the SAPS to allow the mayor to be briefed on cases such as these. “So just imagine if one of the ANC councillors is accused of having committed a crime, then I as the chair, ask for a meeting with the police and go and discuss that – that’s interference,” he said. 

The Patriotic Alliance’s (PA’s) Cheslyn Steenberg told Daily Maverick that “the police would not have received the right way to come and raid the offices if there was no prima facie evidence – they should have received the necessary approval from a court, which they have obtained, and thus the raid.” 

Steenberg said the PA called for justice to be served. “We call for JP Smith and  Xanthea Limberg to be suspended. But moreover, because they say that they are people of integrity, maybe we should request them to then step down voluntarily.”

Steenberg did not rule out legal challenges in the ongoing saga. When pushed by Daily Maverick on what he meant, Steenberg said, “We will make use of the [available] institutions, including the courts and all the other mechanisms in place, the MEC, etc.” 

Hill-Lewis responds

While the protest took place, Mayor Geordin Hill-Lewis stepped away from the virtual council sitting to talk to journalists. 

Addressing the unfolding situation, Hill-Lewis said he could only make a decision based on the facts before him.

“The facts that are before me is that there was a search warrant executed at the city, the offices of Alderman Smith down the corridor last week… I asked for a briefing from SAPS… I received it yesterday… SAPS was unable to share any information that substantiates any allegation, even suggestion of wrongdoing – they made it clear that at this stage it is an inquiry.” 

He said there was “simply nothing” before him that justified suspending Smith.

“Far from it. In fact, I think that he is an essential part of this city’s success, does an amazing job to lead our metro police and law enforcement in keeping Cape Town safer, and so until that changes and until I see something substantive before me – that is my decision for now.”

Addressing questions on allegations of favouritism about the suspension and then firing of former mayoral committee member for human settlements Malusi Booi, the mayor said the circumstances were different.

“In the previous case, on the day of the search warrant execution, I received a detailed briefing about the evidence that was in place already… It was evidence around the school fees being paid, the evidence around certain transactions at Louis Vuitton, and all the things which have now come out in the court are the things that were shown to me on that first day.

“And it was so shocking to me – obviously, I’d never seen or heard of that before – that I put up a set of questions to the person concerned and I said you need to give me an explanation for these things, what is the logical explanation for all this? And essentially there wasn’t one.” 

Hill-Lewis said that Booi’s explanation, “basically said those things are true and on the basis of that, I took action – I think it was two or three days afterwards”. 

The mayor maintained that the process had been exactly the same: “I received a briefing from SAPS, but the big difference here is that there is a marked difference in the substantiation, the corroboration, the evidence which has been put before me – that is the difference.”

On Friday, 31 January, Booi will appear in court on charges related to corruption and fraud

Hill-Lewis told councillors at the virtual council sitting that the city had received a clean audit. “As far as we are concerned, we are focusing on the positive work that we are doing today, we’ve got another clean audit, the only metro in the country to have that,” he said. 

“We’re on the right track, so I’m not letting us get distracted by those stories.” 

Saga continues

But the Smith and Limberg saga won’t end soon. On Monday, 3 February, opposition parties in the Western Cape legislature will meet Western Cape Police Commissioner General Thembisile Patekile after claims by Smith that the investigation against him was politically motivated. 

Opposition parties – which include the ANC, Good, EFF, Freedom Front Plus and the PA – said they were greatly concerned by statements in connection with the police investigation. 

The parties want an explanation about claims Smith was tipped off that he was under investigation; whether there was any truth to claims about a political motivation behind the investigation; and “the importance of safeguarding SAPS investigations from political interference”. 

According to the parties, “our intention is not to engage with SAPS on the merits of the case, but to rather unpack the DA narrative of alleged political involvement and the potential of a SAPS leak.” DM