Cape Town - The Liesbeek Leisure Properties Trust (LLPT) has filed an urgent application in the Supreme Court of Appeal (SCA) for leave to appeal against Western Cape Deputy Judge President Patricia Goliath’s judgment interdicting construction of the R4.6 billion River Club redevelopment in Observatory.
Goliath had in March granted the interdict, saying that the fact that the development has economic benefits can never override the fundamental rights of the First Nations People - which was under threat if the development was allowed to proceed.
She last month also dismissed the LLPT, the City, the Province and the First Nations Collective (“FNC”) applications for leave to appeal with costs, stating that she was not convinced that there are reasonable prospects that an appeal would succeed.
The LLPT in a statement on Monday said: “The LLPT’s application emphasises that when granting this order, which halted construction on the site since March 18, 2022, the court wholly failed to apply the required balance of convenience test for interdicts.
“If this interdict order stands, it impacts on foundational principles of our law (including separation of powers) and with it the future of sustainable development in our country, that warrants consideration by our SCA. Ultimately, it will be the review court that will be tasked with assessing whether the administrative decision makers acted rationally and whether the process was public and fair when approving the development.”
The Liesbeek Action Campaign has consistently called for meaningful consultation, and a review of the relevant environmental and land use authorisations by the City and the provincial Department of Environmental Affairs and Development Planning.
“We remain confident in our belief that the Constitution, as the supreme law of the land, will protect the human rights of all indigenous people, rather than advance the particular interests of those who have made common cause with the developers. We believe Judge Goliath traversed all the matters raised by the respondents carefully in her judgment issued on March 18,” they had previously said.
Cape Times