WeeklySA_AdminINTERDICT: The City of Johannesburg entity argues that the recent raid by the Directorate for Priority Crime Investigation on their offices was “procedurally flawed” and “inconsistent with due legal processes”…
By Molefe Seeletsa
The Gauteng High Court in Johannesburg has ruled that the search warrant used by the Hawks during their raid on City Power’s headquarters was “defective”.
The Hawks, also known as the Directorate for Priority Crime Investigation (DPCI), conducted a search and seizure operation at City Power’s head office on September 17.
The raid formed part of an investigation into alleged corruption involving questionable tenders, including a 2023 contract for R67 million in electricity transformers that were reportedly paid for but never supplied.
Following the operation, City Power approached the high court, seeking an urgent interdict to suspend the execution of the search warrant.
The City of Johannesburg entity argued that the raid was “procedurally flawed” and “inconsistent with due legal processes”.
The interdict was initially scheduled to be heard on Tuesday but was postponed to Friday after the Hawks requested additional time to file their responding affidavit.
On Friday, the High Court ruled in favour of City Power, a decision the entity described as a vindication of its position.
“City Power has, from the outset, maintained its willingness to cooperate with all lawful investigations.
However, what transpired under the guise of a lawful operation was nothing short of an abuse of power and a reckless disregard for established legal principles.
“The court’s decision today sends a strong message that no authority, no matter how powerful, is above the law,” Isaac Mangena, City Power’s spokesperson and general manager for PR and communications, said in a statement.
The entity’s CEO, Tshifularo Mashava, also welcomed the ruling.
“We are pleased that the court upheld our applications and agreed with our view that the affidavit on which the Hawks relied was not only defective but also careless.
“You cannot raid a public institution based on a document that is neither commissioned properly nor grounded in fact.
“We see this as a fishing expedition disguised as an investigation, “Mashava said.
City Power’s legal team had contended that the search warrant itself was fundamentally flawed, claiming that two Hawks officers had improperly commissioned it.
“Shockingly, it had no official stamp, rendering it legally invalid before the presiding judge, “Mangena said.
The court also heard during Friday’s proceedings that the affidavit supporting the warrant was riddled with hearsay and lacked specific details regarding (the) alleged offence.”.
“The document merely cited pieces of legislation without identifying a single clause or factual link to any criminal conduct, which fell far below the standards expected of a competent investigative authority.”
City Power claimed that Judge Seena Yacoob had pointed out that the sections of the Public Finance Management Act (PFMA) cited by the Hawks did not correspond to any specific offences related to the alleged procurement irregularities and corruption.
The judge observed that the affidavit failed to present prima facie evidence of wrongdoing, and stressed that “a warrant of this nature could not stand when its supporting documents fail to identify a clear and defined offence”.
Meanwhile, Mangena told EWN the utility would continue to cooperate with the investigation, provided that it was conducted within the bounds of the law.
He told EWN: “The ruling affirms our strongly held view that the so-called investigation against the utility has been marred by irregularities, procedural flaws, and a flagrant disregard for due legal process. In today’s proceedings, City Power’s legal counsel, Adv. Musa Mthembu exposed the fundamental defects in the Hawks’ application, including the fact that the affidavit accompanying the search warrant was never properly commissioned, with two Hawks officers Tlou Martin Nailana and Ramasela Lindy Molepo, investigating City Power, writing and commissioning it themselves”.
During the raid, the Hawks sought to obtain the purchase order for the tender and also attempted to access a copy of the utility’s entire server. – Fullview
MIRROR Briefs
MENTAL HEALTH DILEMMA
South Africa’s mental health system is currently facing an increasing challenge due to substance abuse, which is putting immense pressure on public health facilities, emergency services and mental health professionals. This situation often leads to complex diagnoses that require multidisciplinary care. According to new data released by the World Health Organisation (WHO), more than one billion people were living with mental health conditions such as anxiety and depression. However, most do not receive adequate care.
The Department of Health said addressing substance abuse challenges necessitates enhanced prevention, rehabilitation, and health promotion interventions at all levels of the health system.
To this end, the department has decided to observe World Mental Health Day in 2025 by bringing together various stakeholders and individuals who share a common goal to improve mental health and address substance abuse issues. World Mental Health Day takes place every year on 10 October and serves as a reminder of the importance of good mental health and the need to prioritise and invest in good mental health. “Mental health conditions are among the leading causes of disability globally and also impose high costs on households, employers, and economies,” the department said. “This has the potential to inflict huge human and economic tolls requiring a greater investment and action to scale up services to protect and promote people’s mental health.” – SAnews
INQUIRY TO BE HELD IN CAMERA
The Madlanga Commission of Inquiry will resume on Monday, 13 October 2025, without South African Police Services Crime Intelligence chief, Lt. Gen. Dumisani Khumalo.
Khumalo fell ill a week ago when he was due to continue with his testimony. SAPS national commissioner Fannie Masemola confirmed that Khumalo was receiving the best medical care and was in good spirits. The date for Khumalo to resume his testimony remains uncertain.
In a statement, the commission spokesperson, Jeremy Michaels, confirmed that Khumalo will not be testifying on Monday. Instead, evidence leaders will seek permission to hold the next round of hearings in a closed session.
“In view of the nature of the evidence to be presented when the hearings resume, the evidence leaders will apply for the hearings to be conducted in a closed session and the media and members of the public will not be allowed.” The inquiry, chaired by retired Judge Mbuyiseli Madlanga continues to investigate alleged political interference, criminality and corruption within South Africa’s criminal justice system – issues seen as central to restoring public trust in law enforcement institutions. To date, five witnesses have testified before the commission, including Khumalo; KwaZulu-Natal police commissioner, Nhlanhla Mkhwanazi, National police commissioner, Fannie Masemola and Petronella Margaretha van Rooyen, Head of legal services in the police. – Lehlohonolo Lehana.
TRIPLE MURDER ACCUSED GETS BAIL
The Gauteng High Court in Johannesburg has granted murder-accused businessman, Katiso “KT” Molefe bail of R400 000 after a successful appeal. Molefe launched his leave to appeal application with the Gauteng High Court in Johannesburg after the Alexandra Magistrate’s Court denied him bail . Judge Brad Wanless handed down his judgement on Friday, ruling that the State’s opposition to the appeal application was not “based on any real evidence”.
“Despite the serious nature of the alleged offences, there is no objective evidence before this court to show that should the appellant be granted bail, this would be in conflict with the provisions of the Criminal Procedure Act.” The Judge set aside the magistrate’s ruling in favour of Molefe saying the court misdirected itself in refusing him bail. The appellant was granted bail of R400 000.
“This amount is in addition to the bail granted by the High Court of South Africa, Gauteng Division, Pretoria in the sum of R100 000,” he said.
Wanless ordered Molefe to report to the Morningside Police Station three times a week.
The suspect’s movements were also restricted to Gauteng, and warned not to leave the province without permission. Molefe was arrested in July 2025. He is accused of masterminding the 2022 murders of popular music producer and nightclub owner Oupa “DJ Sumbody” Sefoka, and his bodyguards, Sibusiso Mokoena and Sandile Myeza. – Lehlohonolo Lehana.
R230 BILLION BOOST FOR SA
President Cyril Ramaphosa has welcomed a new investment package from the European Union (EU) valued at €11.5 billion (R230 billion), describing it as a significant step towards building South Africa’s economy of the future while deepening long-standing ties with Europe.
Speaking during a media briefing , he said the initiative opened “new possibilities for trade and investment” and marked the beginning of “a new era of partnership and cooperation” between South Africa and the EU. Ramaphosa, along with President Ursula von der Leyen of the European Commission, jointly addressed the media following the announcement of the European Union’s investment package. The announcement took place on the margins of the Global Gateway Forum at the headquarters of the European Commission, The Berlaymont, in Brussels, Belgium.
Ramaphosa said the investment package will drive growth in critical sectors, such as green hydrogen, renewable energy, critical minerals, e-battery development and vaccine production, while also supporting infrastructure development across rail, road, ports, logistics, and digital connectivity.
The EU remained South Africa’s largest trading partner and one of its most significant sources of foreign direct investment, accounting for 41% of total FDI into the country. More than 2,000 EU companies currently operate in South Africa, creating over half a million direct and indirect jobs. – SAnews
