High Court halts River Club development

• Published date: 24 March 2022
• Author: Wesley Ford wesley.ford@inl.co.za
• Publication title: Southern Suburbs Tatler

In January, the Observatory Civic Association (OCA) and the Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC) sought an interdict to halt construction, arguing that some indigenous groups had been left out of consultations with the developers, Liesbeek Leisure Properties Trust (LLPT) (“River Club development hangs in the balance,” Southern Suburbs Tatler, January 27)

In the court ruling, Deputy Judge President Patricia Lynette Goliath ruled that LLPT, as the first respondent, is interdicted from taking part in any further construction at the River Club site.

She indicated that the developers should have further meaningful engagement and consultation with the affected First Nations groups. “The parties are granted permission to approach the court for further directives to facilitate an expedited review in this matter,” she said.

This mixed-use development’s construction started last July. It will include retail space, office space, a gym, hotel, restaurants, conferencing, school and events space and 20% of the residential floor space will be allocated for affordable housing opportunities. American fortune 500 company Amazon would be the anchor tenant of this development.

This decision has brought mixed feelings among the various groups of first nations people who are either for the development or against it.

On Human Rights Day, Monday March 21, tensions were high when opposing first nations groups holding demonstrations and cultural events at the Two Rivers Urban Park came face to face.

Members of the Western Cape First Nations Collective Trust (FNCT), who represent many tribes in the peninsula which support the development, voiced their concerns.

FNCT representative Chief !Garu Zenzile Khoisan said the other indigenous groups and organisations which were against the development did not represent their interests. “They do not represent the Khoi and San cause for restitution, restoration and recognition,” he said.

Chief !Garu Khoisan said this development would include a world class heritage centre, which would showcase and celebrate the Khoi and San culture.

In terms of the court interdict, Chief !Garu Khoisan said they had read the judgement and were preparing to go to court to appeal the judgement.

Chief Tania Kleinhans-Cedras from the Cochogua tribe which supports the development, said the situation of the first nations people in the country is fragile. “The court has made a ruling and the Goringhaicona do not have jurisdiction over the...