On Tuesday 28 November, High Commissioner (HC) Tauriq Jenkins of the Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC) lodged an application seeking leave to appeal against the recent Cape High Court judgement in the rescission matter. The court finding, released on 8 November, stripped HC Jenkins of his authority to oppose the River Club redevelopment in the courts on behalf of the GKKITC and labelled his evidence in January 2022 to Deputy Judge President Patricia Goliath as fraudulent. This was untrue, but because his affidavit was not accepted by the High Court in its 11th October hearing and because he was unrepresented in court, he could not defend himself against the false accusations. In fact, the only fraud in the High Court on that day was the fraud being perpetrated against HC Jenkins, which he will be able to demonstrate once he is given leave to appeal. 

The application for leave to appeal responds to the personal and legal attacks to which HC Jenkins has been subjected as a result of his opposition to the LLPT’s unrelenting pursuance of a multibillion rand redevelopment on a sacred floodplain of high environmental sensitivity. 

The basis of his leave to appeal argues a number of points:

Firstly, the group challenging HC Jenkins power of attorney as High Commissioner of the GKKITC was based on a resolution drawn up by individuals claiming to be the GKKITC National Executive Council but who provided no basis or evidence for this claim to authority. 

Secondly, the resolution displayed multiple contradictions and inconsistencies and could not give their purported leader, Edmen Hansen, any legal standing to bring his action against HC Jenkins to the High Court. For example, under the 2018 GKKITC Constitution, which Hansen claimed was the only valid constitution, the National Executive Council (NEC} is not empowered to initiate or suspend any legal action. Yet, it is this resolution by a group who self-declared themselves to be an NEC in July 2022, that Hansen’s relies on to give him authorisation, disputing the 2021 GKKITC Constitution, under which the real GKKITC NEC adopted a resolution to mandate HC Jenkins to lead the GKKITC’s court actions.

Thirdly, HC Jenkins’ notice of leave to appeal highlights how the urgency with which the action was pursued by Mr Hansen led to a violation of his Constitutional and other rights.

Lastly, HC Jenkin’s application on 28 November also argues that, when the Court refused late filing of his affidavit and did not postpone the proceedings, these decisions could not have been made reasonably. The notice argues that the Court failed to exercise its discretion judicially, was influenced by wrong principle and was misdirected on the facts.

While the application for leave to appeal is being considered, the effect of the application is that not only is the rescission application (i.e. the challenge to HC Jenkins’ authority) suspended, but the interim order is still in place. This means that the contempt of court application can still be pursued. This relates to Judge Patricia Goliath’s 18 March 2022 interim interdict halting construction at the River Club, which the LLPT in essence ignored.

The Observatory Civic Association (OCA) is also preparing an appeal against the Cost Order awarded against it when the High Court overturned the interim interdict in its judgement issued on the 8th November. 

As a unified campaign, we will continue the fight for recognition of the heritage significance of the site, which is currently being considered for protection by the South African Heritage Resources Agency (SAHRA). And we will continue to fight for indigenous voices to be heard, those many voices that have not been co-opted by international corporations like Amazon in this case. HC Jenkins continues to enjoy huge support from Khoi and San Councils and Houses that believe he is being victimized for speaking truth to power – as can be seen in the photo above, at a recent gathering to provide consultants for SAHRA with feedback on their validation process on the River Club site’s heritage significance.

Now that HC Jenkins has pro-bono legal representation, we trust that he will be given the opportunity to clear his name, re-establish the authority of the GKKITC as a co-applicant and place the case into its correct context.  

Nonetheless, what is abundantly clear is that money has been thrown at this case by our opponents so as to immobilise us in court. We cannot pursue this case and the campaign effectively with our hands economically tied behind our backs. Hence, we appeal to supporters of our campaign to support us financially to keep the case going.

If everyone who has signed this petition contributed R20 or US$1, we would be in a much stronger position to fight this case fully. Please support us by contributing at our fundraising site. Any donation of any size will make a huge difference

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

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