The legal battle saw the Western Cape High Court set aside an earlier judgment by Deputy Judge President Patricia Goliath, who had in March interdicted construction at the River Club site.
Cape Town - In a continuation of the legal battle over indigenous heritage and environmental protection, Tauriq Jenkins,high commissioner of the Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC), has lodged an application for leave to appeal a recent judgment that stripped him of his authority to oppose the River Club development in the courts on behalf of the GKKITC.
The legal battle saw the Western Cape High Court set aside an earlier judgment by Deputy Judge President Patricia Goliath, who had in March interdicted construction at the River Club site.
The initial interdict came after the Observatory Civic Association (OCA) and the GKKITC approached the court to stop the R4.6 billion development from proceeding, citing irreparable harm and inadequate meaningful consultation.
The full bench of the high court then revoked Judge Goliath’s interim interdict and revoked Jenkins’s authority to represent the GKKITC.
Since the ruling, several indigenous leaders have come out in support of Jenkins and expressed their opposition to the River Club redevelopment.
In a statement, the Liesbeek Action Campaign said: “Yesterday’s (Tuesday) application is a necessary response to the personal and legal attacks that HC Jenkins has been subjected to as a result of his unwavering opposition to the private developer, Liesbeek Leisure Property Trust (LLPT), and their associates.
In the challenging HC Jenkins’s power of attorney in the fight against the development , a resolution drawn up by individuals claiming to be the GKKITC National Executive Council displayed multiple contradictions and inconsistencies.
“The leave to appeal also indicates that, when the court refused late filing of an affidavit from HC Jenkins and postponement of the proceedings, these decisions could not have been made reasonably.
As a unified campaign, we will continue the fight for recognition of the heritage significance of the site, which is currently being considered for protection by Sahra.”
Developers the LLPT said: “LLPT has not received the notice of leave to appeal, so cannot comment.”
Cape Times
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