On Friday 8th July, the Goringhaicona Khoi Khoin Indigenous Traditional Council and the Observatory Civic Association served the Liesbeek Leisure Property Trust (LLPT) and its five Trustees with Contempt of Court papers as a result of the LLPT’s defiance of Judge Goliath’s interdict order issued on 18th March 2022. Her groundbreaking order, which noted that economic benefits can never override the fundamental rights of First Nations Peoples, expressly interdicted the LLPT “… from undertaking any further construction, earthworks or other works on erf 151832, Observatory, Western Cape to implement the River Club development” until the High Court reviews the relevant approval decisions.  

We have asked that the case be heard as a matter of urgency given the LLPT’s determination to get as much concrete onto the site as possible before they have to answer to the High Court in the review. We expect our application regarding contempt of court to be heard on Tuesday 12th July.

The LLPT’s stated rationale for disregarding the interdict is not plausible. They have argued that because they have submitted an appeal to the Supreme Court on 31st May 2022, the fact that they have appealed automatically suspends the interdict. They have cited provisions from the Superior Courts Act to justify their claim. But their argument is simply incorrect, since Section 18.1 of the Act, on which they rely, applies only to final orders (meaning an order that brings a case to finality). It does not apply to interim orders and the interdict issued by Judge Goliath is clearly an interim order.  Section 18.2 expressly notes that interim orders are not appealable. 

The LLPT and other respondents argued in the interdict proceedings that any interdict would be final in effect. The Judge disagreed with them, noting there was no evidence presented to support that claim. The LLPT and their fellow respondents then tried to re-argue that matter when they applied for leave to appeal but the High Court again rejected that argument on the 5th May 2022. In other words, they have tried that argument twice already and, on both occasions, the courts have found the argument baseless.

This means that there is no court that has agreed with the respondents that the 18th March 2022 interdict is of final effect, nor that the interdict can be appealed under the provisions of the Superior Courts Act.

Despite that, the LLPT have decided, again at their own risk, that they can interpret the law to suit themselves and decide that the interdict is now suspended. On the 27th of June, the LLPT announced that they were resuming construction on site and flaunted the fact that they believed their appeal suspended the interdict.  They clearly want to build themselves into an impregnable position, by rendering meaningless any forthcoming adverse finding from the review of the decisions to authorise the redevelopment. It is truly astonishing that the LLPT appears to see South African law as a minor obstacle to achieving private gain. But, like it or not, South Africa is a constitutional democracy, where respect for fundamental human rights and dignity cannot be traded off for economic gains – certainly not for the 9% return on investment LLPT is anticipating from a R 4.6 billion project. 

We also ask the City of Cape Town, the Provincial Government of the Western Cape and Amazon if they support the LLPT’s defiance of the law? If so, it would appear that they are aiding and abetting lawlessness on a grand scale. If not, they must condemn the LLPT’s Contempt of Court in regards to violating the interdict. 

The LLPT have now appointed the law firm Norton Rose Fullbright as their attorneys in the Contempt of Course case. That means that our campaign is now fighting four legal teams that include two of the largest law firms in South Africa (part of “the Big Five”), the other being Webber Wentzel, representing the City of Cape Town.

This shows that cash is obviously no obstacle to the LLPT and their allies. For that reason, we have to continue appealing to the public to support us. Every cent we have spent on legal fees has been raised through Crowdfunding since we do not have the kind of resources available to the LLPT and their allies. 

So, please help us fund these legal costs by contributing at our fundraising site.  We really do need your contribution.

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

Make the Liesbeek Matter!