Day 46 following our interdict.

We still await the Judge's decision.

The infill of the original River Course continues.

Concrete mixers continue to barrel in and barrel out of the River Club entrance.

We heard today that the Judge asked the legal representative for the amicus curiae in the case (Legal Resources Centre representing the Forest Peoples Programme) for a written version of their counsel’s oral submission made during the interdict hearing. We think it suggests the Judge is looking at the amicus papers carefully in the process of finalising her judgment.

As we know, the Amicus argued in court that, under International Human Rights law, particularly related to indigenous persons, it is insufficient for consultation to treat the process as it would for non-indigenous persons. Special efforts need to be made to ensure inclusivity and removal of barriers to the participation of indigenous persons in matters affecting them and their heritage. Our papers presented strong evidence that the entire process by which the City and Province approved the development failed to meet these standards.

We also received a letter today from the South African Heritage Resources Agency (SAHRA) updating us about the heritage grading of the site. The letter confirmed that SAHRA are moving ahead with the application for the provisional protection of the River Club site and with the referral of our nomination by Heritage Western Cape for the greater TRUP area to be declared a national heritage resource.  The letter confirmed how the LLPT excluded us from participating in the SAHRA site assessment and inspection of the River Club on 17th November 2021. The letter noted that “unfortunately, despite attempts from SAHRA for yourselves to be part of the inspection, access to the property was denied.”

The letter also referred to an informal meeting that SAHRA had hoped to convene with the nominators and the River Club owners in December 2021, which the LLPT had declined. As a result of the delays, SAHRA has now decided to “continue with this matter formally” and will co-opt “further independent expert assessment of the various (and sometimes conflicting) assertions made regarding the historical significances of the site.” After this, a formal submission will be made to SAHRA Council, via the Grading and Declarations Review Committee and Heritage Resources Management Committees.

This signals that, at the very least, SARHA are taking the grading for national heritage status and the appeal for a provisional protection order seriously and moving it forward, hopefully expeditiously.

Meanwhile, the living heritage of the last remnant of a heritage landscape continues to be bludgeoned and the environment of the historical river confluence butchered.

We hope Judge Goliath can put a stop this rapacious destruction so that the flawed approval decisions by the City and Provincial Authorities can be properly reviewed.

As always, please help us fund these legal costs by contributing at our fundraising site. 

Visit our website and follow the Liesbeek Action Campaign on twitter: @LiesbeekAction.

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