While civic, Khoi and environmental organisations are rejoicing after a court ruling prohibiting any further construction of the R4,5 billion development at the River Club in Observatory, the Liesbeek Leisure Properties Trust (LLPT) says it will launch an appeal against the ruling.
On Friday 18 March Western Cape deputy judge president Patricia Goliath ruled construction be halted and that the developers should hold “meaningful engagement” and consultation with all affected parties.
The site has been marred by court battles and controversy by various groups (“Development dispute”, People’s Post, 16 November 2021).
Leslie London, chair of the Observatory Civic Association (Oca) describes the ruling as a victory.
“This is a vindication of our constitution that a judge can look at a complex problem and come up with a finding that protects the rights of people who are vulnerable and the State can’t simply get away with subordinating that to short term economic interest.”
London says going forward, they will actively engage in the High Court review where they will demonstrate why the decisions to permit the re-development of the River Club site are “fundamentally wrong”.
“We will prepare for the review and we will not stop campaigning publicly because we have been intimidated, insulted and called names and told we’re spreading misinformation and now it’s quite clear that the information we’ve been spreading was information which the judge considered quite valid.”
Tauriq Jenkins, High Commissioner of the Goringhaicona Khoi-Khoin Indigenous Traditional Council, says they are “deeply grateful” for the interdict.
“It’s a wonderful ruling and we do accept the victory because there has been quite a bit of destruction that has taken place on the river and on the flood bank. It is a victory for the San and Khoi groups that had been protesting against this for several years as well as civil society and other groups who have played an important role in being a unified coalition for restorative justice on the matter.”
Jenkins thanked everyone who supported their appeal.
James Tannenberger, trustee and spokesperson for the LLPT, says the court ruling means the immediate suspension of “thousands of permanent jobs” in the province.
“Between June 2021 and March 2022 just under 4 000 workers have been employed during various stages of construction on the site. When the ruling was delivered on Friday there were 750 workers on the site who were sent home due to a halt in construction.”
Tannenberger says their decision to appeal the ruling is based on several factors.
“We cannot allow a small group, who have proven time and again that they have zero interest in an outcome that creates social, economic and heritage benefits for the First Nation People and the people of Cape Town, to block this world class project and, no doubt, have a major dampening effect on future developments in the region, where it is sorely needed.”
Nick Fordyce, chair of Friends of Liesbeek, welcomes Goliath’s ruling and says they appreciate the fact that the judge has recognised that not all relevant people have been adequately heard with the process to date.
“We remain frustrated that and disappointed by the fact that the landscape has already been severely altered by the developers and what we consider to be very valid and concerning environmental issues that we’ve raised during public participation processes which were never adequately addressed.”
Fordyce says environmental issues were not adequately considered.
“While this is a great ruling, it’s a ruling on heritage issues and the environmental issues have been cast to one side. It feels to us as if the developers have ticked all the necessary boxes that they’re required to without really having a meaningful consideration for the environmental issues that will come from this development.”
