CoCT RAID: RESIDENTS SHOULD NOT HAVE TO PAY LEGAL FEES TO PROTECT MMCs

26 January 2025

GOOD Statement by Brett Herron ,
GOOD Secretary-General & Member of the Western Cape Parliament

26 January 2025

The GOOD party does not accept that the residents of Cape Town should foot the bill for any tender fraud investigation or charges brought against Safety and Security MMC, JP Smith and Energy MMC Xanthia Limberg.

Following the raid by the Western Cape SAPS Provincial Commercial Crimes, we believe there should be transparency and accountability regarding the City’s financial and legal involvement in the matter.

JP Smith has posted on social media, that he was aware that he was under investigation and had communicated this to both the Mayor and the Speaker. He further states that the Speaker subsequently wrote to the Police and the National Prosecuting Authority regarding this matter

As such, GOOD City of Cape Town Councillor & Caucus Chairperson, Suzette Little, has written to the Speaker, Felicity Purchase and the City Manager, Lungelo Mbandazayo to request clarity on legal representation.

The GOOD Party would like to know:

  1. Has the Speaker’s office incurred any legal expenses related to this investigation?
    If so, could you provide details on the nature of these expenses, the reasons for them, and the total amount incurred?
  2. Has the Speaker authorised legal representation for Ald JP Smith and Ald X
    Limberg at the City’s expense? If this is the case, please disclose when this
    authorisation was made, which attorneys were appointed, and the total
    expenditure involved.

It has also come to GOOD’s attention that a political appointee within Smith’s office was arrested during the raids.

The 30-year-old individual was arrested for allegedly defeating the ends of justice by withholding evidence.

We have also sought clarity from the City Manager whether he has authorised City funded legal representation to this staff member.

Answers to these questions are essential for maintaining public trust and ensuring that the actions taken by our elected officials are in the best interest of the community.

The provision for City-funded legal representation is only intended for cases arising out of an office bearer or staff member’s official duties. Any tender corruption, and the obstruction of justice, conduct does not constitute “official duties”.

Obviously, there’s no finding of guilt just because there was a raid but raids are serious invasions of privacy and can only happen judicially.

If the investigation involves City matters or corruption, then the group cannot be in office whilst the investigation is ongoing.

Their continued presence could impede the investigation or at least give the perception of being in a position to impede.

The logical and consistent thing to do is to immediately suspend them.

Media enquiries:
Brett Herron, GOOD: Secretary-General & Member of the Western Cape Parliament
Cell: 082 5183264
Email: bretth@forgood.org.za

Samantha Jackson, GOOD: Media Manager
Cell: 083 5509875
Email: samantha@forgood.org.za