In a major win for the new Amazon HQ in Cape Town, the developers of the R4.6 billion complex overturned a court order that halted construction. The Supreme Court of Appeal dismissed a previous decision by Western Cape High Court Deputy Judge President (DJP) Patricia Goliath ordering the developers to halt construction of the River Club project.
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According to Goliath, the developer had not conducted thorough consultations with the First Nations groups affected by the project. It was argued that the site had great historical value to these peoples, and their culture would be adversely affected.
The developer — Liesbeek Leisure Properties Trust (LLPT) — welcomed the latest judgment as a “massive win for jobs and heritage”.
“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,” the company said. “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 judgement granted a recission application launched by the elders and members of the GKKITC against Goliath’s entire decision and orders. “In their recission papers, the 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,” LLPT explained.
“Mr Jenkins misrepresented the first applicants’ (GKKITC’s) constitution and did not have the authorisation to launch the proceedings that culminated in the judgment,” said LLPT. “He further misrepresented the views of some indigenous leaders without consulting them. The full bench judgment also rescinds Goliath DJP’s judgment and orders on these grounds.”
The construction on the site can now continue as planned.
