Deputy Judge Goliath had in March granted the interdict, saying that the fact that the development has economic benefits can never override the fundamental rights of the First Nations People.
Cape Town - The Liesbeek Leisure Properties Trust (LLPT) says construction at the River Club site will continue while they prepare their papers after the Supreme Court of Appeal (SCA) granted them leave to appeal against an interdict issued by the Western Cape High Court.
LLPT said they welcomed the order by the SCA which will allow them to appeal to a full bench of the high court.
LLPT said: “This is a major win for all Capetonians who stand to benefit from the R4.6 billion development including the construction workers currently working on the site. The benefits include 6000 direct and 19 000 indirect jobs and the Cape Peninsula Khoi memorialising their cultural heritage associated with the area, including the establishment of a Heritage, Cultural and Media Centre.
“The project will also deliver developer subsidised affordable housing, safe and accessible green parks and gardens, significant road and other infrastructure upgrades in the area and the major rehabilitation of the polluted and degraded waterways adjacent to the property.
“LLPT will shortly deliver its appeal and then awaits a court date for the appeal to be heard. In the meantime LLPT continues with work on the development,” said LLPT.
The leave to appeal comes after the LLPT filed an urgent application to the SCA after high court Deputy Judge President Patricia Goliath interdicted construction of the River Club redevelopment in Observatory.
Deputy Judge Goliath had in March granted the interdict, saying that the fact that the development has economic benefits can never override the fundamental rights of the First Nations People - which was under threat if the development was allowed to proceed.
In June LLPT announced that riverine rehabilitation and remedial activity at the River Club site would go ahead “to prevent structural and related degradation and to ensure any prior work is protected from weather elements”.
The Observatory Civic Association (OCA) and Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC) did not respond to questions by deadline.
In a parallel matter before the high court, where OCA and GKKITC approached the court to file a contempt of court order against LLPT for going ahead with construction at the site, judgment has been reserved after the matter was postponed last week.
Cape Times
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