Cape Town - Judgment in the application to have the River Club developers served with contempt of court papers has been postponed in the Western Cape High Court, while the Liesbeek Leisure Property Trust (LLPT) argues the recommencement of structural work at the River Club site “is not in contravention of the law”.
Tensions flared outside the court building on Tuesday as opposing parties to the R4.5 billion project went head-to-head.
The Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC) and the Observatory Civic Association (OCA) launched the urgent application.
Western Cape First Nations Collective spokesperson Chief Zenzile Khoisan, supported by a number of protesters outside court, advocated his support for the Amazon headquarterd-development.
The matter was set aside for judgment.
The court action came after the LLPT recommenced its “remedial” and “rehabilitation” work at the contentious site.
GKKITC and the OCA said they filed the papers against the trust, saying work was in fact continuing despite an interdict order which was issued against any structural work.
“The LLPT’s rationale for disregarding the interdict is not plausible. They have argued that because they have submitted an appeal to the Supreme Court of Appeal (SCA) on May 31, 2022, the fact that they have appealed automatically suspends the interdict. They have tried that argument twice already and on both occasions the courts have found it baseless.
“The LLPT will learn that this site is not their playground to do as they wish. It is a ground-zero site that is sacred to indigenous people and should be a heritage park that recognises it as a cultural landscape of infinite possibility from which reconciliation and restitution should flow, along with the preservation of green corridors in an increasingly urbanised environment,” a joint statement by GKKITC and OCA read.
Since the interdict order was made, the LLPT had approached the SCA for an application for leave to appeal against Judge Patricia Goliath’s decision to grant an interdict.
The LLPT has defended its actions.
“At this stage, the LLPT can confirm the interdict is not proceeding and the main matter will be heard on July 27. The LLPT is still awaiting the court order.
Cape Times