Cape Town - The Liesbeek Leisure Properties Trust has confirmed that construction on the River Club development has continued as the date for its appeal before a full bench will be heard on October 11 and 12.
“Close to 400 construction workers are currently continuing work on the initial building on site.
“The delays continue to cause financial loss and uncertainty regarding the overall development, including putting at risk the many benefits that it will bring
“LLPT continues to incur substantial wasted costs and remains exposed to the uncertainty related to the project as a result of the legal proceedings,” the group said.
This follows allegations of delaying tactics by the Liesbeek Action Campaign.
Meanwhile, there is confusion over the legal representative of one of the tribes who have been listed in court documents as being in opposition to the development.
Tim Dunn has come forward and said he now represents the Goringhaicona Khoi Khoin Indigenous Traditional Council of which Tauriq Jenkins, one of the leaders of the Liesbeek Action Campaign, is part.
However, Jenkins and members of the Goringhaicona had a fallout and the Khoi group said they were now represented by Dunn, while Jenkins said they were represented by Cullinan and Associates.
Apparently, the Goringhaicona are seeking a declaratory order for Dunn to represent them and abandon the services of Cullinan and Associates in order to withdraw themselves from the entire proceedings.
Dunn said: “Cullinan and Associates have refused point-blank that I and my firm have been appointed by the Goringhaicona Khoi Khoin Indigenous Traditional Council and they have persisted and continued to represent my client despite the fact that whatever mandate they may have has been terminated.”
Cullinan and Jenkins have opposed the application, saying that members represented by Dunn are in fact only a small group.
In an affidavit, Cormac Cullinan said: “This application purports to be brought by the GKKITC.
“In fact, as I explain below, it is brought by a small group of disaffected members of the GKKITC represented by TJC Dunn Attorneys.”
This application has been set down for hearing along with the full bench appeal.
“Following the SCA (Supreme Court of Appeal) ruling, the legal representatives of the parties to the court proceedings arranged with the Judge President that the full bench of the Western Cape High Court was to hear the application for dismissal of the Goliath Orders on 11 and 12 October 2022, simultaneously with the hearing, the applications for withdrawal of the second applicant from all proceedings,” LLPT said.
rafieka.williams@inl.co.za