Developers fight River Club interdict
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.