* Headline has been amended for clarity
Cape Town - A single tear rolling down the face of Tauriq Jenkins, one of the chief opponents of the R4.5 billion River Club development, was perhaps the only moment of sensitivity in court as he tried to defend himself against the legal prowess of four senior counsel and a full bench of the Western Cape High Court.
Jenkins’ oral arguments were ripped apart from all angles as counsel said they would abide by the court’s decision after Jenkins’ last-minute papers filed on Monday were rejected by the court.
The full bench sitting on Tuesday came after Liesbeek Leisure Properties Trust (LLPT) was successful at its Supreme Court of Appeal bid to have the matter heard before three judges of the Western Cape High Court.
The bench was made up of Judges Elizabeth Baartman, Hayley Slingers and James Lekhuleni.
The appeal, however, came secondary to the application brought against Jenkins, challenging not only his standing as High Commissioner of the Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC), but placing in dispute evidence placed before Deputy Judge President Patricia Goliath.
The GKKITC sought an order from the court to declare that Jenkins does not represent the group, that they did not authorise the litigation against the development and, among other things, that the order by Judge Goliath be rescinded.
Advocate Anton Katz (SC) for GKKITC argued that the issue before court was a constitutional matter of substance.
“In this matter, we are concerned with rescinding an order, which affects the principle of finality and we are concerned with circumstances where it is argued that there has been a fraud on the court.
“These two issues constitute in and of themselves constitutional issues insofar as they affect the dignity of courts, the rule of law and the principle of legality.”
He further claimed that Jenkins had defrauded the court by placing evidence before Judge Goliath which created the impression that he had sought the approval of various members of Khoi and San leaders when, according to the Goringhaicona, he had not.
Jenkins, in trying to clear his name, then placed on record his credentials and various achievements as a scholar and academic.
“The fundamental underpinning aspect of this rescission and the interdict against me is the accusation that I’m a fraud. As such it is important to put on record certain key aspects that are actually being attacked in that document.”
He further tried to argue based on affidavits that he had gathered but the court did not allow him to do so as not enough time was given for the 1 500-page document to be read by parties.
Jenkins concluded: “I am of the opinion that I cannot have a just hearing by virtue of the fact that everything asked of me is in this affidavit.”
The rescission order would effectively see OCA as the only party opposing the development in court.
It would also nullify whatever submissions were made by the GKKITC in court papers where they were successful in the first part of their application.