On the 7th September 2022, residents of Observatory woke up to find in their post boxes a glossy A4 pamphlet warning them that the Observatory Civic Association was standing in the way of a glorious development that would increase their property prices, and that the actions of Tauriq Jenkins, High Commissioner of the Gorignhaicona, and Leslie London, Chairperson of the Observatory Civic Association, would result in a “disturbing development” in Observatory, i.e, an influx of “squatters.” The pamphlet was anonymous but referred readers to a website called (www.bestforobs.org with the injunction “PROTECT YOUR PROPERTY, PROTECT YOUR FUTURE, JOIN OCA TO HAVE YOUR SAY.” Of course, the website is also anonymous but includes a series of attacks on the leaders of the two applicants in the court case, openly calling them liars who have misled Observatory’s community. Its racist undertones hark back to apartheid days when “swartgevaar” (Afrikaans for black danger or threat posed by black people to whites) was used to scare white South Africans into supporting apartheid policies. 

All of the claims made on the website and in the pamphlets and that refer to Tariq Jenkins and Leslie London are either total fabrications or are based on the untested and unproven allegations made in the Western Cape High Court over a period by individuals who are openly working with First Nations Collective (FNC) Trustee Tania Kleinhans to deny the mandate of High Commissioner Tauriq Jenkins to represent the Goringhaicona Khoi Khoin Indigenous Traditional Council. You can read a detail rebuttal of 74 misrepresentations on the website here. 

The timing of this intervention is not coincidental. On 27th June 2022, the Liesbeek Leisure Property Trust (LLPT) recommenced construction at the site in prima facie violation of the interim interdict issued by Deputy Judge President Goliath  on 18th March 2022 to halt construction pending the High Court review. The LLPT did this in full knowledge they may be found in contempt of court. On the 8th July 2022, the OCA and GKKITC lodged papers to hold the LLPT in contempt but the matter has been endlessly postponed, largely as a result of interference by the “fake Goringhaicona” in the court proceedings, delaying any hearing of the contempt matter. By creating a fabricated dispute about who represents the Goringhaicona, the supporters of the redevelopment of the River Club are trying to neutralise one of the applicants -  the Goringhhaicona -  in the case.

At least two of the three leaders claiming such nonsense today were part of our campaign against the redevelopment in 2021. Shiratz Mohammed is seen holding the poster “We reject concrete as our heritage” and Peter Ludolph is seen in the image above holding the poster “Our heritage is not for sale” at our COP27 protest in October 2021.   At that stage, they had no problem with mandates or representation by Tauriq Jenkins. We can only hypothesise what has caused them to change their minds, now that the LLPT requires defence from charges of contempt.

Now the same underhand tactics are being used against the OCA. 

An anonymous website (www.bestforobs.org has been set up to smear the name of the OCA chairperson and the GKKITC High Commissioner – the applicants in the case – and to disseminate fabrications about the development and our opposition. The Website further encourages members of the community to join the OCA so as to remove the OCA from the court case. At the same time, a former OCA chairperson, who, as late as May 2022, indicated he had no problem with the OCA’s legal action, has suddenly and aggressively emerged to claim the OCA is acting without mandate, is trading recklessly, is financially bankrupt, and is antidemocratic. These are all claims made without any evidence. Further, he has called on the City to “investigate” the Civic and has openly posted on the LLPT website a call to take over the OCA so as to remove it from the case. His comments also disparages Judge Goliath’s decision as wrong in law (even while admitting he has not read the decision).

We believe all of this is an attack on Civic democracy by forces who are seeking to allow privilege and power to get away with unlawful behaviour. The act of recommencing construction is prima facie unlawful. The decision to approve the development are increasingly looking vulnerable to a finding that they were taken unlawfully when the matter gets to review. So, with a case that is not looking promising, we believe that elements who want this redevelopment to proceed are now playing the “man” and not the ball and appear willing to engage in dubious and likely illegal behaviour to capture the Civic so as to immobilise it from acting.

This is not the first time the OCA has been subject to such attack. In 2017, a developer gerrymandered an AGM vote by bringing in supporters who were not eligible to vote in a fraudulent act. The developer and his supporters were caught out and the fraudulent management committee was thrown out at a historic Special General Meeting in 2017. This was a victory for bottoms-up democracy because Observatory residents rallied behind the truth and behind justice. We are confident that Observatory residents will not be taken in by glossy, defamatory pamphlets or a website in which an unnamed person/s claim to tell Obs residents what is “bestforobs” when Obs residents can decide for themselves. We are, however, aware that the forces in favour of this development have lots of money and influence so will try their hardest to undermine us. 

It appears that these interventions are directed at shielding the developers from having to answer why they are not in contempt of court and whomever is responsible will eventually have to answer for this subterfuge.  A complaint has been lodged at the Equality Court which will determine if there is unlawful activity ongoing. 

In the meantime, the interdict sought by the OCA against the developers has now been fully argued and we await the decision by Judge Dolamo. 

The fight to defend this site and what it could offer South Africa needs your support. Please help us fund these legal costs by contributing at our fundraising site.  

Visit our website [LL8] and follow the Liesbeek Action Campaign on twitter: @LiesbeekAction. 

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