Cape Town - Khoi, San and environmental activists said they were deeply disappointed at the outcome of the first round of the River Club court case and were planning to take the matter on appeal.
The Western Cape High Court on Tuesday set aside the earlier judgment of Deputy Judge President Patricia Goliath, who had in March interdicted construction at the River Club development site.
This was after the Observatory Civic Association (OCA) and the Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC) approached the court to stop the R4.6 billion rand development from proceeding, citing irreparable harm and no proper consultation, among other reasons.
On Tuesday the full bench of the high court revoked Judge Goliath’s interim interdict and revoked High Commissioner Tauriq Jenkins’ authority to represent the Goringhaicona Khoi Khoin indigenous Traditional Council.
“It is declared that the Goringhaicona did not authorise the litigation under case number 12994/2021.
The order and judgment by Goliath DJP under case number 12994/2021 on March 18, 2022 are rescinded.
Mr Jenkins misrepresented the first applicant’s Constitution and did not have authorisation to launch the proceedings that culminated in the judgment. Goliath DJP acted on those misrepresentations as is clear from the judgment. The judgment and orders stand to be rescinded,” Judge Elizabeth Baartman (and concurred by Judge Hayley Maud Slingers and Judge James Lekhuleni).
Jenkins said: “I’m disappointed by the judgement, for them to have come to a conclusion without reading my affidavit, which was disallowed in court for technical reasons. Generally speaking some courts have a Eurocentric interpretation of what development and heritage mean. (There was) no mention of the South African Heritage Resources Agency grading the site.
“The president approved the site as part of the national Khoi and San liberation and resistance. It’s interesting this entire narrative is now being contorted into this idea that 360 years of happenings and heritage and history of that site are the figment of some fraudster’s imagination,” he said.
In response to the outcome, Paramount Chief Sedas Kleinschmidt, of the Hawequa |Xam said: “Fighting for one’s ancestral heritage is no crime.
It’s an honour. Tauriq Jenkins is the only Khoisan leadership that has the spiritual and mental strength to take on Amazon and those who support the destruction of First Nation ancestral heritage.”
The Liesbeek Action Campaign added: “We are deeply disappointed at the outcome.
We do not believe that the facts put before the court enabled the court to make a fair judgement.
Much of Tauriq Jenkins’ affidavit would have put paid to the arguments presented in court, but because his affidavit was late, it could not be accepted in the proceedings.
“We confirm our confidence in High Commissioner Tauriq Jenkins’ authentic leadership and have the evidence that he did not mislead the court during the review.”
Developers, the LLPT welcomed the judgment.
“The River Club redevelopment will create numerous benefits for the City and the province. This includes 6 000 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.”
A date for the review application in the matter is still to be set.
Cape Times