Cape Town - It is Khoi versus Khoi, and the controversy is about a ruling by Deputy Judge President Patricia Goliath on whether a multibillion-rand development she had interdicted could resume while an appeal is lodged at the Supreme Court of Appeal.
Hundreds of pro-development Khoi and supporters gathered at the steps of the Western Cape High Court, where anti-development Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC) and the Observatory Civic Association (OCA) were seeking the court’s intervention on the construction of the River Club development site, which they said was in defiance of an interdict to halt construction.
The developers, Liesbeek Leisure Properties Trust (LLPT), have denied being in contempt of court.
The urgent application was served to individual members of the LLPT including Jody Aufrichtig, James Tannenberger, Nicholas Ferguson, Allan Mundell and Adam Blow in their capacity as trustees, along with the Western Cape First Nations Collective (WCFNC), the City of Cape Town and the provincial government.
In March, Judge Goliath granted an interim order effectively halting construction on the River Club development, stating that LLPT “is interdicted from undertaking any further construction, earthworks or any other works… to implement the River Club development”.
In the wake of the judgment, LLPT immediately halted construction, but last month work on the site resumed as the developers said this “remedial and protective” work was required to prevent the site falling into disrepair.
Now the OCA and GKKITC are seeking further intervention from the high court to declare the ongoing construction a breach of Judge Goliath’s order.
They have asked the court for leave to approach the court in calling for LLPT members to be imprisoned for contempt of court in the event of further “violations”.
They further seek an order for LLPT to explain in detail what kind of work has been done on the site since the interdict was granted.
LLPT said because the first part of the matter heard by Judge Goliath had been finalised, they were advised by their legal team that the order was suspended pending the outcome of their leave to appeal in the Supreme Court of Appeal.
They further justified the continued construction work as “environmental rehabilitation work” being done on the riverine corridors adjacent to the property, which according to them falls outside the scope of the order.
In anticipation of the matter being set down to be heard on Tuesday, the WCFNC gathered at court to voice its disdain on the ongoing litigation against the development.
WCFNC leader Zenzile Khoisan said: “We’ve come out here today in our numbers because we can no longer leave this matter in abeyance, the Khoi and the bushman must have something in South Africa.”
When GKKTIC high commissioner Tauriq Jenkins arrived, a scuffle between WCFNC and the Liesbeek Action Campaign representatives ensued, resulting in the police being called to the scene to maintain order.
The matter did not proceed in the high court on Tuesday, but was set down for July 27.