Cape Town Amazon developers, Liesbeek Leisure Properties Trust (LLPT), got the green light to build its R4.6-billion headquarters yesterday after the supreme court lifted an interdict by the high court.
LLPT will now continue with the construction, which they consider a win for heritage and jobs.
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These events took place on 8 November, after the Supreme Court had a full sitting and ruled that the development at the River Club can go ahead.
The interdict to stop construction had been granted because Western Cape High Court Deputy Judge President (DJP) Patricia Goliath ruled the developers needed to consider the effects of the project on the First Nations group since the land is of cultural value.
This was after a complaint was brought before the courts by Tauriq Jenkins, claiming to represent the Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC) and the Observatory Civic Association (OCA), which also filed against LLPT.
According to LLPT, the court found that development would be beneficial in enhancing the land’s resources.
“The judgment by Judge Baartman — concurred by Judge Slingers and Judge Lekhuleni — found that the applicants failed to establish a prima facie right, as they could not demonstrate that the right to heritage is at risk of suffering any harm, let alone irreparable harm, which is a jurisdictional requirement for an interim interdict.”
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“On the contrary, the court papers indicated that the development might enhance the land’s resources having regard to the degraded state of the site when the authorisations were granted.”
The Supreme Court also established that the basis of the initial judgement did not represent the needs of GKKITC as “GKKITC elders accused Tauriq Jenkins of misrepresenting facts in the Goliath court hearing and subsequently trying to coerce certain First Nation parties into signing affidavits against their wishes.”
“Mr Jenkins misrepresented the first applicants’ (GKKITC’s) constitution and did not have the authorisation to launch the proceedings that culminated in the judgment.”
According to my MYBROADBAND, OCA will be responsible for all legal bills pertaining to this matter. Read the full story here.
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