Incredible.

Amazing.

Day 56 after the hearing and Judge Goliath issued her findings - in no uncertain terms.  

She interdicted the Liesbeek Leisure Property Trust (LLPT) from continuing with any construction at the River Club site until (a) there is meaningful engagement and consultation with all affected First Nations peoples (not just those who support the development); and (b) she directed that no construction may proceed until part B of the review is concluded and a final determination is made with respect to the validity of the rezoning and environmental authorisation.

In her carefully crafted judgement (which you can read in full here), she noted the importance of First Nation peoples’ deep and sacred linkage to the site through lineage, oral history, past history and narratives, indigenous knowledge systems, living heritage and collective memory. She found that the fundamental rights to culture and heritage of Khoi and San peoples were under threat if the development was allowed to proceed. She agreed that our argument about the threat of irreparable and imminent harm to heritage was reasonable.

Notably, Judge Goliath dismissed the idea that the developers’ claim to suffer financial loss was relevant. She concluded that the developers were fully aware of the risks they were taking in proceeding when they knew the re-development was contested and subject to litigation.

She also dismissed the argument that the re-development has substantial economic, infrastructural and public benefits, because “this matter ultimately concerns the rights of indigenous peoples” and economic benefits “can never override the fundamental rights of First Nations Peoples.”

Importantly, the Judge noted that the consultation process involving the LLPT consultant, Rudewaan Arendse, on the Khoi narrative “was wholly inadequate” and that his reports exacerbated a conflicted and divisive situation. Her finding confirms the failure of the process to ensure meaningful engagement and proper consultation.

Judge Goliath’s interpretation is exactly what we have been saying since this development was first on the table. It also confirms the urgency of heritage grading of this sacred site – a site that has been abused by the developers with the support of public officials who have valued financial benefits for some over respect for the living heritage associated with the most significant pre-colonial landscape in the country.

Despite a fierce propaganda attack by the developers and their supporters, smears against us and multiple efforts to undermine our campaign, we have stayed firm to our principles and to the solidarity between indigenous organisations, civic associations, NGOs and faith-based groups.

We thank Judge Goliath for holding to the same principles of a commitment to truth and to justice.

Kai Gangans.

Going forward, we will actively engage in the High Court review where we will demonstrate why the decisions to permit the re-development of the River Club site are fundamentally wrong.

The River Club is part of a precinct that is current undergoing grading assessment as a National Heritage Site and which should have been declared a heritage park years ago. We believe that it is not only of national significance but should be nominated, along with the South African Astronomical Observatory (SAAO), as an International Heritage site because it is the Ground Zero of resistance to colonial intrusion in South Africa and bears the history of resistance to colonialism that can never be buried in concrete.

Until it is free of occupation, of concrete, of colonial appropriation by Amazon and protected from the ongoing threat and destruction of our sacred river and embankments, we will not stop our campaign to establish what should be a heritage site for all South Africans.

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.

Make the Liesbeek Matter!