The Johannesburg High Court has granted City Power an urgent interdict halting what the municipal-owned power utility described as the Hawks’ “unlawful and irregular” execution of a search warrant linked to an ongoing corruption probe.

The dramatic ruling, handed down on Friday, effectively suspends the warrant issued by the Hawks on 17 September 2025, which authorised raids at City Power’s offices in Johannesburg.

In court, Advocate Musa Mthembu, representing City Power, attacked the legality of the Hawks’ application, calling it “defective, baseless, and procedurally flawed.” The court agreed, declaring the search warrant invalid and halting its execution pending a full review.

Affidavit “Not Commissioned, Not Stamped”
According to court papers, the search warrant was based on an affidavit that was never properly commissioned. Two Hawks officers — Warrant Officer Tlou Martin Nailana and Lieutenant Colonel Ramasela Lindy Molepo — allegedly wrote and commissioned their own affidavit, a move the court found deeply problematic.

The document also lacked an official stamp, rendering it legally invalid even before the presiding judge.

“The affidavit on which the Hawks relied was not only defective but also careless,” City Power CEO Tshifularo Mashava said after the ruling. “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.”

Judge Yacoob Slams Hawks’ Case as “Vague and Baseless”

In a stinging rebuke, Judge Yacoob ruled that the affidavit failed to present prima facie evidence of any criminal offence.

The judge noted that the Hawks had relied on sections 45 and 46 of the Public Finance Management Act (PFMA) — provisions that do not contain any offences. “It is deeply troubling that an elite law enforcement unit would quote the wrong sections of the statute they claim to be enforcing,” the judge remarked.

When pressed, the Hawks’ lawyer conceded that the alleged offence the investigators sought to pursue through the warrant was “not clear.”

The court record shows that Judge Yacoob became visibly frustrated during the proceedings, reprimanding the Hawks’ legal counsel for the glaring holes in their case.

When the lawyer attempted to defend the investigators by claiming they were “not legal people” and “not expected to know the statutes they enforce,” the judge interjected sharply.

“As law enforcers, they should know the law,” she said. “Interest of justice requires that a warrant, in its execution, should be clear and valid.”

Court Finds Warrant ‘Prima Facie Defective’

Judge Yacoob ruled that the search warrant was prima facie defective because it failed to specify any clear offence or establish reasonable grounds for the raid.

“The warrant, as it stands, cannot be executed,” she said, adding that the balance of convenience did not favour the Hawks.

“The suspension of this warrant will not delay the investigation. The respondents are free to apply for a new, lawful warrant.”

She further held that City Power had demonstrated sufficient urgency in bringing the matter before the court, given the potential reputational and operational damage the raids could cause.

The judge granted the interdict with costs, finding that “the interests of justice demanded judicial intervention.”

City Power Celebrates Legal Victory

City Power welcomed the ruling, calling it a triumph for the rule of law and a rejection of investigative overreach.

“This order reaffirms our belief in the independence of the judiciary and the importance of due process,” Mashava said. “It also exposes a worrying trend of investigative abuse that threatens not only City Power but the integrity of our democratic institutions.”

He stressed that the utility has always cooperated with legitimate investigations but would continue to push back against “reckless and unlawful conduct” by state agencies.

“From the beginning, we have cooperated with every legitimate inquiry. What happened here was not law enforcement — it was a misuse of power,” he added.

Hawks Accused of Overreach

The ruling raises serious questions about the Hawks’ handling of corruption probes within municipal entities. Legal experts said the judgment could have wider implications for other investigations if similar procedural flaws are discovered.

“This ruling underscores that investigative bodies must adhere strictly to the law,” said a Johannesburg-based constitutional law analyst. “Even in the pursuit of corruption, shortcuts and procedural misconduct will not be tolerated.”

Next Steps

The interdict bars the Hawks from executing or acting on the disputed search warrant until the matter is fully reviewed or set aside. City Power indicated it may pursue further legal action to challenge the basis of the Hawks’ investigation.

Mashava said the utility would continue to operate transparently and within the law but would not hesitate to defend itself against unlawful conduct.

“The court has sent a clear message today,” he said. “No authority, no matter how powerful, is above the law.”