BUILDING LITIGATION: River Club developers to approach Supreme Court of Appeal following high court defeat

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Liesbeek Leisure Properties Trust, provincial government and the Western Cape First Nations Collective are seeking to overturn an interdict halting the R4.5-billion construction project.

’s web services, was handed down by Goliath on 18 March, pending a review of the authorisations from municipal and provincial authorities which allowed the development to proceed.Department of Environmental Affairs and Development Planning

Goliath’s judgment on the application was delivered on 5 May. Among the points Goliath made, is that pursuing an appeal would “serve no purpose other than to prolong the litigation and facilitate piecemeal concurrent litigation in the high court and the Supreme Court of Appeal”. Despite the OCA and GKKITC abandoning the requirement for consultation, as is their legal right, the City still argued the order for meaningful consultation to take place, as set out in the interdict, was “vague and unworkable” as it was not clear who should be consulted, who should conduct the consultation, under which statutory regime it should occur, and how it would be determined to be meaningful.

The OCA and Goringhaicona had abandoned the consultation order to provide for a conciliation process between LLPT, City, provincial authorities, and all First Nations groups. Additionally, they argued an appeal would not resolve the real issue between the parties, which was whether the authorisations granted by the municipal and provincial authorities should be reviewed and set aside.

 

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