The River Club

𝗥𝗶𝘃𝗲𝗿 𝗖𝗹𝘂𝗯 𝗗𝗲𝘃𝗲𝗹𝗼𝗽𝗲𝗿 𝗪𝗲𝗹𝗰𝗼𝗺𝗲𝘀 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 𝗼𝗳 𝗔𝗽𝗽𝗲𝗮𝗹'𝘀 𝗗𝗶𝘀𝗻𝗶𝘀𝘀𝗮𝗹 𝗼𝗳 𝗢𝗯𝘀𝗲𝗿𝘃𝗮𝘁𝗼𝗿𝘆 𝗖𝗶𝘃𝗶𝗰 𝗔𝘀𝘀𝗼𝗰𝗶𝗮𝘁𝗶𝗼𝗻’𝘀 𝗦𝗽𝗲𝗰𝗶𝗮𝗹 𝗟𝗲𝗮𝘃𝗲 𝘁𝗼 𝗔𝗽𝗽𝗲𝗮𝗹 𝗔𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻

In yet another victory for the River Club development in Observatory, Cape Town, the Supreme Court of Appeal (SCA) handed down an order (attached) dismissing the Observatory Civic Association’s (OCA) attempt to appeal the decision of the full bench of the Western Cape High Court’s dismissal of the first instance judgment, in which the high court judges found the initial interdict order was granted as a result of incorrect and misleading submissions at the behest of OCA, namely, that there was exclusion or otherwise inadequate consultation by the developers, which was found patently false by the full bench.



The full bench of the High Court reversed the decision of the first instance court to grant an interdict and the three judges unanimously found that the OCA’s case had entirely failed to meet the requirements for an interdict against construction of the River Club development. The full bench had further found that there was no risk of harm at all to the heritage of the area and, in fact, the development might enhance the resource.

The OCA did not try and challenge the substance of the full bench court’s decision but had attempted to challenge (on a contrived basis) the costs order that was granted against them, including the costs of two counsel of the developer, City of Cape Town, Western Cape Government and the Western Cape First Nation Collective .

The proceedings pursued by the OCA and its associates against the development have been vexatious and the high court appropriately granted a cost order against the OCA.

Notably, the SCA has dismissed the OCA’s leave to appeal application again with a costs order awarded against them on the grounds that the requirements for special leave to appeal were not satisfied, most importantly, OCA had no reasonable prospect or realistic chance of success on appeal.

Liesbeek Leisure Properties Trust (LLPT) feels vindicated by the SCA order, as over a period of more than four years it conducted an all-encompassing and exhaustive environmental, heritage and planning application process in full compliance with all applicable statutory requirements. Yet, was dragged to court by the OCA and its associates in a manifestly inappropriate strategy to try and stop the development at all costs. The appeal judgment of the high court makes it plain that the OCA failed to establish even a prima facie case as it found that the OCA “failed the first hurdle”

This latest judgment by the SCA is another win for the residents of Cape Town who stand to benefit from the numerous benefits the development will deliver and is in the process of implementing, including 6000 direct and 19 000 indirect jobs and the Cape Peninsula Khoi memorialising their cultural heritage associated with the area, including the establishment of a Heritage, Cultural and Media Centre. The project will also deliver developer subsidised affordable housing, safe and accessible green parks and gardens, significant road and other infrastructure upgrades in the area and the major rehabilitation of the polluted and degraded waterways adjacent to the property.

The River Club redevelopment places significant emphasis on restoring the severely degraded ecological value of the site.

Before development started the area was a mashie golf course, conference centre and tarmac parking lot built on top of an infill of rubble and surrounded by highly polluted waterways.

In total, R35 million will be spent on rehabilitating and revitalising the riverine corridors to create an improved habitat for fauna and flora on the site.

The rehabilitated areas will also be surrounded by several hectares of publicly accessible parklands including an expansive ecological park through the site, including walking, running and cycling routes around the site.

𝗗𝗘𝗩𝗘𝗟𝗢𝗣𝗘𝗥 𝗪𝗘𝗟𝗖𝗢𝗠𝗘𝗦 𝗦𝗔𝗛𝗥𝗔 𝗖𝗢𝗠𝗠𝗜𝗧𝗧𝗘𝗘’𝗦 𝗥𝗘𝗖𝗢𝗠𝗠𝗘𝗡𝗗𝗔𝗧𝗜𝗢𝗡 𝗡𝗢𝗧 𝗧𝗢 𝗣𝗥𝗢𝗩𝗜𝗦𝗜𝗢𝗡𝗔𝗟𝗟𝗬 𝗣𝗥𝗢𝗧𝗘𝗖𝗧 𝗧𝗛𝗘 𝗥𝗜𝗩𝗘𝗥 𝗖𝗟𝗨𝗕 𝗦𝗜𝗧𝗘

Today, the Special Grading and Declaration Review Committee of the South African Heritage Resources Agency (SAHRA) met to discuss an application to provisionally protect the River Club site.

This application follows Heritage Western Cape’s decision not to proceed with grading the site.

The heritage significance of the area has also been well documented through the comprehensive legislated public participation processes that preceded the environmental authorisation and planning approvals for the redevelopment, as well as in the court proceedings that culminated in the Western Cape High Court full court bench judgment, delivered on 8 November 2022, that noted the following:

“The authorities received an application for the degraded site’s development that envisaged rehabilitation of the Liesbeeck River, public open spaces adorned with indigenous vegetation to replace the golfing greens, the establishment of a heritage museum, an amphitheatre for use of both First Nation Groups and other members of the public and residential accommodation.

Significantly, the development would include the construction of public transport infrastructure. The relevant authorities, after extensive public engagement spanning several years, granted the required authorisation and the development broke ground.”

Liesbeek Leisure Properties Trust (LLPT) welcomes the unanimous Committee’s recommendation that the River Club not be provisionally protected recognising that the memorialisation of the intangible heritage significance of the site can coexist with the development. LLPT is also pleased that the requirements recommended by SAHRA in order for this to be achieved including: that the development ethically and collaboratively considers the Khoi narrative; open access is provided and open areas to be maintained are all already contained in the conditions of approval and built into the design of the development.

This is a major win for all Capetonians who stand to benefit from the R4.6 billion development including the construction workers currently working on the site. The benefits include 6000 direct and 19 000 indirect jobs and the Cape Peninsula Khoi memorialising their cultural heritage associated with the area, including the establishment of a Heritage, Cultural and Media Centre. The project will also deliver developer subsidised affordable housing, safe and accessible green parks and gardens, significant road and other infrastructure upgrades in the area and the major rehabilitation of the polluted and degraded waterways adjacent to the property.

LLPT remains committed to delivering this world class development and the many critical opportunities it will bring to surrounding communities.

"The promotion of the site’s heritage value and the employment opportunities for the unemployed in the province... far outweigh the unarticulated harm in the respondents' case." - Western Cape High Court Full Bench judgment, which dismissed the interdict that halted the River Club redevelopment.

💼 With over 25,000 direct and indirect jobs;
🏡 Affordable housing;
🇿🇦 A Heritage and culture media centre;
🏞 Safe and accessible green parks and gardens;
🛠 Road & infrastructure upgrades;
🌱 Major rehabilitation of the polluted and degraded waterways;

The River Club redevelopment sets a new agenda for how indigenous communities and developers can partner to create a project that benefits everyone while preserving and promoting heritage and culture.

"The importance of the site and its valuable heritage significance have largely been ignored as 𝘁𝗵𝗲 𝗟𝗶𝗲𝘀𝗯𝗲𝗲𝗸 𝗥𝗶𝘃𝗲𝗿 𝗵𝗮𝘀 𝗯𝗲𝗲𝗻 𝗱𝗲𝗴𝗿𝗮𝗱𝗲𝗱 and 𝗶𝗻𝗱𝗲𝗳𝗲𝗻𝘀𝗶𝗯𝗹𝘆 𝗽𝗼𝗹𝗹𝘂𝘁𝗲𝗱."

The Western Cape High Court Full Bench judgment, which dismissed the interdict that stopped the River Club redevelopment highlights the importance of rehabilitating the Liesbeek River and preserving its valuable heritage significance.

Now is the time to get behind the River Club redevelopment, which will see R38 million being spent to upgrade rehabilitating and naturalising the riverine corridor that will boast a much-improved habitat for several species including the Western Cape Leopard Toad, the Giant Kingfisher and the Cape Dwarf Chameleon.

Judgement ruled in favour of the River Club Development.

https://youtu.be/vR3jV7iYico

WATCH: Khoi and San leaders welcome a ruling by a full bench at the Cape High court delivered Tuesday, 8 November 2022, which rescinded an earlier order (March 2022) by Deputy Judge President Patricia Goliath that interdicted the River Club development in Observatory, Cape Town.

First Nations Press Conference over River Club development court victory. Khoi and San leaders today welcome a ruling by a full bench at the Cape High court delivered Tuesday, 8 November 2022, which rescinded an earlier order (Marc...

𝐋𝐢𝐞𝐬𝐛𝐞𝐞𝐤 𝐋𝐞𝐢𝐬𝐮𝐫𝐞 𝐏𝐫𝐨𝐩𝐞𝐫𝐭𝐢𝐞𝐬 𝐓𝐫𝐮𝐬𝐭

𝟎𝟖 𝐍𝐨𝐯𝐞𝐦𝐛𝐞𝐫 𝟐𝟎𝟐𝟐

𝐑𝐢𝐯𝐞𝐫 𝐂𝐥𝐮𝐛 𝐫𝐞𝐝𝐞𝐯𝐞𝐥𝐨𝐩𝐦𝐞𝐧𝐭: 𝐖𝐞𝐬𝐭𝐞𝐫𝐧 𝐂𝐚𝐩𝐞 𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭 𝐝𝐢𝐬𝐦𝐢𝐬𝐬𝐞𝐬 𝐆𝐨𝐥𝐢𝐚𝐭𝐡’𝐬 𝐣𝐮𝐝𝐠𝐦𝐞𝐧𝐭 𝐚𝐧𝐝 𝐎𝐫𝐝𝐞𝐫𝐬 𝐰𝐢𝐭𝐡 𝐜𝐨𝐬𝐭𝐬 – 𝐦𝐚𝐬𝐬𝐢𝐯𝐞 𝐰𝐢𝐧 𝐟𝐨𝐫 𝐣𝐨𝐛𝐬 𝐚𝐧𝐝 𝐡𝐞𝐫𝐢𝐭𝐚𝐠𝐞

Liesbeek Leisure Properties Trust (LLPT) welcomes the judgment delivered today by a full bench of the Western Cape High Court which dismissed Deputy Judge President Goliath’s judgment and Orders (handed down on 18th March 2022) to interdict construction of the River Club redevelopment with costs.
This is a major win for all Capetonians who stand to benefit from the R4.6 billion project.

The judgment by Judge Baartman (and concurred by Judge Slingers and Judge Lekhuleni) found that the applicants (the OCA and Tauriq Jenkins) failed to establish a prima facie right, as they could not demonstrate that the right to heritage is at risk of suffering any harm, let alone irreparable harm, which is a jurisdictional requirement for an interim interdict. On the contrary, the court papers indicated that the development might enhance the land’s resources having regard to the degraded state of the site when the authorizations were granted. The Court held that “without a prima facie right, the respondents (OCA and Jenkins) never got out of the starting blocks”.

Critically, when applying the balance of convenience requirement for an interim interdict, Judge Baartman in her judgment states the following: “had the court a quo undertaken the enquiry, it would
have found the many opportunities for growth the development offers the First Nations Groups; the promotion of the sites heritage value and the opportunities for the unemployed in the Province to
name a few examples, far outweighs the unarticulated harms in the respondents’ case.”

Notably, the judgment also granted the recission application, launched by the elders and members of the GKKTIC, against the entire Goliath DJP judgement and Orders. In their recission papers the GKKTIC elders accused Tauriq Jenkins of misrepresenting facts in the Goliath court hearing and subsequently trying to coerce certain First Nation parties into signing affidavits against their wishes.

In her ruling, Judge Baartman stated the following: “am persuaded that the judgment dated 18 March 2022 was induced by fraud. Mr Jenkins misrepresented the first applicants (GKKTIC) Constitution and did not have the authorization to launch the proceedings that culminated in the judgment. He further misrepresented the views of some indigenous leaders without consulting them.”

The Full Bench judgment also rescinds Goliath DJP’s judgment and orders on these grounds.

The judgment has also awarded costs to the appellants against the first respondent, the Observatory Civic Association (OCA). The OCA has been ordered to pay the costs of all the appellants in the court a quo (where the appeal originated from) as well as the SCA case.

The River Club redevelopment will create numerous benefits for the City and the Province. This includes 6000 direct and 19 000 indirect jobs and the Cape Peninsula Khoi memorialising their cultural heritage associated with the area, including the establishment of a Heritage, Cultural and Media Centre. The project will also deliver developer subsidised affordable housing, safe and accessible green parks and gardens, significant road and other infrastructure upgrades in the area and the major rehabilitation of the polluted and degraded waterways adjacent to the property.

This judgment sends a clear message to those who have tried to stop the development at all costs with little or no regard to the social upliftment of surrounding communities, it is therefore with relief that LLPT welcomes today’s judgment, which is clearly in the interests of all Capetonians.

𝐄𝐍𝐃𝐒.

A discussion on the redevelopment taking place in the Mother City, and the opportunities being created along with its impact.

Mahala Monday - First Nation Monday 17th October at 10:00 grab your coffee and join us for another exciting Mahala Monday Show. September we celebrated heritage month yet it’s an ongoing...