Today the OCA and the GKKITC are in court before a Full Bench of the Cape High Court, which is to hear two matters – the appeals of the respondents against Judge Goliath’s historic interim interdict of the development and a groundless challenge to the authority of Tauriq Jenkins and Paramount Chief Aran to represent the Goringhaicona Khoi Khoin Indigenous Traditional Council.
Leave to appeal the interim interdict was initially rejected by the Cape High Court but the developers approached the Supreme Court which referred the matter back to a full bench of the Cape High Court. Judges Slingers, Baardman and Lekhuleni will hear the case over two days.
Based on the advice of their own legal counsel, the LLPT had decided that the interim interdict issued by Judge Goliath was final in effect and therefore their appeal suspended the interdict. That is the basis for their continued construction in defiance of the interim interdict. They have been building furiously, late into the evening and on weekends, to put as much bulk on site. Not surprisingly, some people look at the colossus rising and think there is no longer any point opposing the matter.
But what that would mean would be to concede that someone can violate an order of the court, build unlawfully and simply get away with it by brazenly ignoring the law. And the review will determine whether the approvals for the development were lawful or not. So, we will see what the Judges decide about the validity of the appeal.
As you know, since the construction has recommenced, there has been enormous lawfare waged on us, which has stretched our legal resources to capacity. Our attorneys, Cullinans, have had to withdraw from representing us and we are now represented by Chennells Albertyn, a law firm with a long track record of representing indigenous groups in matters affecting them.
Our strategy with regard to the appeal is to agree to abide by the decision of the court. This is motivated by an intent to reserve the limited resources we have for the High Court review, where our prospects are looking increasingly strong. We are therefore keeping what resources we have for the review, rather than actively contesting the appeal with costs of legal counsel, beyond the papers we have submitted.
In the other matter where the fake GKKITC are trying to interdict Tauriq Jenkins and PC Aran, we believe the courts will see from the evidence tabled that this late-onset group is nothing but an attempt to protect the LLPT from being held accountable for contempt of court and that they have no basis to claim to represent the GKKITC. We will see what the judges decide.
This case continues to demand huge amounts of stamina from us. We are under attack at every point from anonymous websites to smear pamphlets. It also continues to demand enormous amounts of funding, which we cannot get by tapping corporate pockets or liberally using state revenues for legal costs.
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