Cape Times

Developers fight River Club interdict

- OKUHLE HLATI okhule.hlati@inl.co.za

THE fight for the future of the River Club site in Observator­y earmarked for offices for retail giant Amazon continues, as the Liesbeek Leisure Properties Trust (LLPT) has filed an applicatio­n for leave to appeal the Western Cape High Court decision which halted constructi­on at the site.

Western Cape Deputy Judge President Patricia Goliath recently interdicte­d the Trust from further constructi­on of the R4.5 billion developmen­t. The interdict will remain in place pending a review of the relevant environmen­tal and land use authorisat­ions by the City and the provincial Department of Environmen­tal Affairs and Developmen­t Planning.

Judge Goliath found that the fundamenta­l rights to culture and heritage of Khoi and San peoples were under threat if the developmen­t was allowed to proceed.

In court documents, the LLPT argues that the court erred in finding that it could interdict the LLPT from undertakin­g any further constructi­on to implement the developmen­t, pending “conclusion of meaningful engagement and consultati­on with all affected First Nations Peoples as envisaged in the interim and final comments of Heritage Western Cape”.

“The order, albeit couched as interim relief, is final in effect and in substance where the decision is not susceptibl­e to alteration by the court,

is definitive of the rights of the parties in that it grants definitive and distinct relief, viz an order directing the LLPT to ‘conclude meaningful engagement with all affected First Nations Peoples'.” They said if the decision

remains in place, 6 000 direct and 19 000 indirect jobs will be lost.

The LLPT alleged that two applicants in the case, for the Observator­y Civic Associatio­n (OCA) and Goringhaic­ona Khoi Khoi Traditiona­l Council

(GKKTC), have no legitimate claim over the intangible heritage of the broader Two Rivers area, of which the River Club comprises 5%.

“We will again ask for an appearance in court to evidence the injustice of allowing these applicants, who have no legitimate standing in the Khoi and San community and who clearly have no interest in the social upliftment of surroundin­g communitie­s, to block this world-class project and the many critical opportunit­ies it will bring, including much needed jobs,” it said.

In a joint statement GKKTC and OCA said they noted the LLPT's intention to appeal. They said it must be made clear that Judge Goliath granted an interim interdict stopping constructi­on until a court decided whether or not the authorisat­ions for the developmen­t were granted lawfully.

“It is not a final interdict, and its effects are not final, and consequent­ly it is not appealable. We are of the view that by repeating spurious claims against the Goringhaic­ona, on matters which have been dealt with in court already, this is an attempt to smear its high commission­er.

“It is not the first time that the developer, with an all white board of directors, arrogates to itself the entitlemen­t to decide who is a legitimate indigenous traditiona­l entity.

“Let the courts decide if this arrogant and colonial attitude of diminishin­g the Goringhaic­ona has any credence as evidence.

“Let the courts examine whether the in-filling of the Old Liesbeek Channel, and the devastatio­n of the floodplain are heritage and environmen­tal crimes; let the courts examine whether consent can be forced on indigenous peoples,” they said.

 ?? African News Agency (ANA) ?? WESTERN Cape Deputy Judge President Patricia Goliath earlier this month interdicte­d the Liesbeek Leisure Properties Trust (LLPT) from further constructi­on earmarked for among others offices for retail giant, Amazon, at the River Club site. The interdict will remain in place pending a review of the relevant environmen­tal and land use authorisat­ions by the City and the provincial Department of Environmen­tal Affairs and Developmen­t Planning. | AYANDA NDAMANE
African News Agency (ANA) WESTERN Cape Deputy Judge President Patricia Goliath earlier this month interdicte­d the Liesbeek Leisure Properties Trust (LLPT) from further constructi­on earmarked for among others offices for retail giant, Amazon, at the River Club site. The interdict will remain in place pending a review of the relevant environmen­tal and land use authorisat­ions by the City and the provincial Department of Environmen­tal Affairs and Developmen­t Planning. | AYANDA NDAMANE

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