‘Disappointed’ as court snubs River Club construction interdict

THE Observatory Civic Association (OCA) expressed disappointment after their application for an interdict to stop the River Club developer from undertaking or progressing with construction at the River Club was struck off the court roll for lack of urgency

On Tuesday, Western Cape High Court Judge Mokgoatji Dolamo found that a failure to proceed with the hearing of the contempt application on August 22, “without any reasonable explanation leads to the inescapable conclusion that the urgency in the current application is self-created”.

Dolamo also granted members of the Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC), who have challenged Tauriq Jenkins and his attorney’s authority to represent them, leave to intervene in the upcoming appeal application as the 9th respondent.

OCA chairperson Leslie London said they noted Judge Dolamo’s findings. London said they were disappointed Judge Dolamo did not recognise the urgency of the matter and “seemed to overlook” the failure of Tim Dunn, seeking to challenge Jenkins’ authority to litigate on behalf of the GKKITC, to file papers as the reason for the delay in the hearing of the contempt matter.

“However, it is still the case that the contempt of court by the developers, LLPT (Liesbeek Leisure Properties Trust), is still to be heard.

If the court finds that they initiated construction in violation of the interim interdict issued by Judge Goliath on March 18, then they are liable to be found in contempt of court.

“A full bench of the high court will still examine the appeal on October 11 and 12. Should the court find that there is no grounds for appeal, the LLPT will have no grounds for having commenced construction, nor can they continue construction,” London said.

He added that they were of the view that the “manufactured faction of the GKKITC has no standing in this matter” but had been created recently to undermine the legitimate actions of indigenous activists seeking to protect the intangible heritage of the site.

The LLPT welcomed Judge Dolamo’s decision, saying this was a win for the hundreds of workers involved.

“In his judgment Judge Dolamo found that he was not persuaded that the application for an interdict to stop LLPT from undertaking or progressing work in the River club was urgent.

“Judge Dolamo also granted the elders and tribe members of the GKKITC, who have challenged Jenkins and his attorney’s 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 9th respondent.

“On October 11-12, the full bench of the Western Cape High Court is set to hear the appeal application for dismissal of the original Goliath J Orders.

“Pending the outcome of this hearing, the work on site continues lawfully,” the LLPT said.