Cape Town - The ongoing battle between those hoping to preserve the “sacred heritage resources” at the River Club development site and those who are hoping to benefit from its transformation into Amazon’s African headquarters will continue in the Western Cape High Court this week.
The anticipated hearing on the most recent court action taken by the Observatory Civic Association (OCA) and the Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC) is set to take place today and tomorrow, together with an application calling for certain members within the GKKITC to be removed as representatives in the litigation.
Members of the Liesbeek Leisure Properties Trust (LLPT) are facing contempt of court allegations for their continued work on the site after Deputy Judge President Patricia Goliath issued an order in March, effectively halting construction pending further litigation and “meaningful” engagement between opposing parties.
After the “meaningful consultation” did not materialise, LLPT appealed the order at the high court but was blocked by Justice Goliath, who dismissed the appeal.
LLPT has since indicated that they have filed papers with the Supreme Court of Appeal following Judge Goliath’s dismissal.
The LLPT then resumed work on the site, which they say could become a financial liability if they do not meet agreed deadlines set by the Amazon Development Centre (ADC) – the prospective tenants of the development – once concluded.
In court papers, the group indicated that they’ve been able to adjust the dates for completion of the project following delays but, “ADC has made it clear that it cannot and will not tolerate any further significant delay”.
“ADC’s exit from the River Club development would almost certainly result in the development not going ahead. Over and above the financial consequences to the LLPT, all the construction workers will immediately be out of work. The heritage and social compact commitments to the First Nations would also not materialise,” LLPT said.
Meanwhile, leaders within the GKITCC have filed action against Tauriq Jenkins and Delroque Arendse as representatives of the council.
Initially the application was dismissed based on lack of urgency, but due to the nature of the proceedings being dependent on the input of First Nations groups, it has been agreed that this dispute will be argued in court.
Described in court papers as the most senior member of the GKKITC, Edmen Hansen said they were seeking an order declaring that Arendse (Chief Aran) and Jenkins “are not duly authorised representatives of the GKKITC” and that any legal action in opposition to the River Club development by the Goringhaicona was done without any authority.
Hansen claims Jenkins and Arendse took it upon themselves to get involved in the River Club development and opposed the development under false pretences without consulting the council.