Obz loses bid to halt Amazon HQ build

WESTERN Cape High Court Judge Mokgoatji Dolamo struck down an urgent interdict from the Observatory Civic Association (OCA) which sought to stop the developers of Amazon’s African headquarters from continued construction.

The association discovered continued work on the River Club development site in June, after a high court order had effectively brought construction to a halt in March.

The matter was heard on September 2. At the time the Liesbeek Action Campaign, backed by OCA, said: “We are fighting to protect the fundamental rights of First Nations people, as well as proper legal process and democracy. Our campaign is supported by 20 indigenous Khoi and San entities, multiple civics, multiple environmental NGOs and almost 75 000 people who have signed our petition.

“We will not allow this ultra-wealthy developer to simply decide what is lawful and what is not, or to avoid answering in court for such delinquency,” they said.

After hearing arguments from both parties, the judge yesterday concluded that the interim interdict application be struck from the roll for lack of urgency.

“A failure to proceed with the hearing of the contempt of court application on August 22, 2022, without reasonable explanation leads to the inescapable conclusion that the urgency in the current matter is self-created,” Judge Dolamo said.

Liesbeek Leisure Properties Trust (LLPT) welcomed the judgment and said: “This is a win for the hundreds of workers currently on site. In his judgment, Judge Dolamo was not persuaded that the application for an interdict to stop LLPT from undertaking or progressing work in the River Club was urgent.

“Notably, Judge Dolamo also granted the elders and tribe members of the Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC), who have challenged Tauriq Jenkins and his attorney’s (Cullinan) authority to represent them (and who have also made an application for all court matters against the River Club redevelopment to be withdrawn by GKKITC), leave to intervene in the upcoming appeal application as the ninth respondent,” they said.

The contempt of court application along with the appeal will be heard on October 11 and 12.