The Liesbeek Leisure Property Trust (LLPT) have finally shown their true colours. Not satisfied with destroying a site of sacred indigenous heritage, they have now shown the proverbial finger to the Cape High Court by continuing work on the site, strictly forbidden by the interdict. The image above shows concrete pumping on the site yesterday. 

This is hardly surprising, as Jody Aufrichtig of the LLPT, in his affidavit on the 25th August 2021 for the interdict hearings, labelled intangible heritage as "imagined" and the LLPT has consistently ignored the environmental sensitivity of the site that even prompted an appeal by the City’s own environmental professionals. 

LLPT issued a press statement on the 27th June 2022 signalling that they are re-starting work on the site, claiming that because they approached the Supreme Court of Appeal, the interdict prohibiting any further construction is suspended. This claim is pure nonsense, since the rules of the court state that an interlocutory interdict (i.e. one which is not “final in effect”) cannot be suspended by an appeal. 

The LLPT’s argument (that the interdict has a “final effect”) has already been presented in court by the LLPT twice, and twice the court has thrown it out. The LLPT is now shopping around for another court, namely the Supreme Court, in the hope it might find differently, but the fact of the matter is that no court has agreed with their interpretation that the interdict was “final” in effect. The Supreme Court has not yet even heard the case, yet the LLPT believe they can pre-judge the matter.

It is extraordinary that the LLPT behaves as if their legal team’s opinion can serve as evidence that the interdict was “final in effect”, when it is not. They are arrogating to themselves, a cosy group of rich men, with good friends in high places, the right to decide what is lawful and what is not. Like the Dutch East India Company 362 years ago, they believe they can bend the law to suit themselves. 

Same colonisers, different ships.

But what is at stake simple to grasp:

Judge Goliath ordered that no further construction can take place on the site until a court has decided on the validity of the environmental and land-use planning decisions that authorised the development. Any such move, irrespective of what the LLPT might claim, is illegal and in Contempt of Court.

Now that the LLPT has shown that they have no interest in obeying the law, we ask what is the position of the City and provincial authorities regarding this matter? Are they going to condone a developer ignoring a court order to stop construction, or will they take action to uphold the law? Let’s see the City and provincial authorities use public money to defend the rule of law rather than to benefit private entities. It would be truly shameful for them to condone such illegality.

The LLPT, with the support of the City and provincial authorities, have already partly infilled the Liesbeek riverine valley, which is an egregious heritage crime. Now the LLPT are going to destroy the riverine valley further while calling it “rehabilitation”. Their doublespeak has been a hallmark of their misrepresentations throughout this redevelopment. For example, they labelled the original course of the Liesbeek River a “storm water ditch” in order to destroy it so they can place the maximum concrete bulk on the site. This is an act of renaming a sacred natural feature and de-naturing it, in order to justify it being murdered. 

As Danab Gregg Fick noted in his affidavit for the review “… we do not see a river as an object, we know the river is alive, it is a being. We feel what happens to the river. What is happening now is that the Liesbeek river is being killed.” The hallmark of colonialism was to dehumanize indigenous people and eradicate their spiritual and cultural connection to the land and to nature. That is still what is unfolding on the Liesbeek in 2022 – the epistemicide of indigenous knowledge and the annihilation of indigenous cultural heritage attached to the site.

So, what is playing out at the River Club is nothing but contempt – a true horror story brought to you, courtesy of the LLPT, who care nothing for heritage, nothing for the environment and now are willing to risk being charged with Contempt of Court in their desperation for 9% return on investment in a multi-billion rand project.

Underlying this horror story is the LLPT’s blind belief that they can buy justice by ignoring the court and raising the costs for our campaign since we now have to take them back to court for contempt. Again, that will cost us money and it is all part of their strategy to bleed us dry of funds. 

WE CAN’T LET THAT HAPPEN. 

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!