Cape Town - With 380 workers returning to the River Club Development site, groups in support and against the R4.5 billion project are set to protest outside the Western Cape High Court today.
The Liesbeek Leisure Property Trust (LLPT) was served contempt of court papers by the Goringhaicona Khoi Khoin Indigenous Traditional Council and the Observatory Civic Association on Friday, for continuing to work on the site which was suspended by an interdict granted by the court on March 18.
Part of the development would include Amazon’s regional headquarters. The application is expected to be heard today.
In a statement, the Goringhaicona Khoi Khoin Indigenous Traditional Council and the Observatory Civic Association said the LLPT’s rationale for disregarding the interdict was not plausible.
“They have argued that because they have submitted an appeal to the Supreme Court on May 31, the fact that they have appealed automatically suspends the interdict. This argument is incorrect, since the section 18.1 of the Superior Courts Act on which they rely, applies only to final orders (meaning an order that brings a case to finality). It does not apply to interim orders, and the interdict issued by Judge Patricia Goliath is clearly an interim order.”
The Goringhaicona Khoi Khoin Indigenous Traditional Council’s high commissioner Tauriq Jenkins said: “Our protest is against the hubristic arrogance of the LLPT, which appears to think they can colonise the law.
“We will protest against the very serious attack on our heritage, despite them being interdicted from further destroying this extremely sensitive heritage precinct.”
The groups have called for the preservation of the site due to its heritage and ecological value, as well as the potential for the site for restitution and reconciliation.
A protest is expected to take place at the Two River Urban Park mound at 7.30am to 9am, with a second protest held outside the court in the afternoon.
The LLPT said 380 workers were on site for what it referred to as “lawful work”, and that they would be asking the court to dismiss the application.
“The LLPT’s view remains that this recommencement of work is not in contravention of the law. The legal advice provided to LLPT is that the judgment and orders handed down by Western Cape Deputy Judge President Goliath in Part A of the high court matter are final and hence suspended, pending the final determination of LLPT’s application for leave to appeal in the Supreme Court of Appeal.
“In addition, the environmental rehabilitation work being undertaken on the riverine corridors adjacent to the property falls outside the scope of the order.”
Those in support of the development are to protest outside the court from 9am.
The Institute for the Restoration of the Aborigines of South Africa founder and Cochoqua Oedasoa tsi Gonemmoa clan paramount chief, Tania Kleinhans-Cedras, said: “We are in support of sharing our living heritage within the River Club Development.
“For the first time in 370 years the Aboriginal KhoiSan Peoples will be included in a development on our ancestral land in the Western Cape.”
shakirah.thebus@inl.co.za