The Western Cape High Court has turned down high commissioner of the Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC), Tauriq Jenkins’s bid for leave to appeal his authority to oppose the controversial Amazon development on behalf of the council.
“The appeal is moot and it is also not in the interest of justice to grant leave to appeal,” Judge Elizabeth Baartman ruled, concurred by Judge Hayley Slingers and Judge James Lekhuleni.
Jenkins’ Attorney, Jonathan Raphunga, advised of the procedure to proceed to the SCA directly. However, he would be guided by his client’s instructions.
The legal fight concerning Jenkins stems from heritage and environmental protection of the River Club development site, which saw Deputy Judge President Patricia Goliath last year halt construction, pending meaningful consultation with all affected First Nations Peoples.
That initial interdict came after the Observatory Civic Association (OCA) and the GKKITC sought to halt the R4.6 billion development, earmarked for Amazon, citing irreparable harm and a lack of meaningful consultation.
The high court later lifted Judge Goliath’s interim interdict and withdrew Jenkins’s authority to represent the GKKITC in the matter.
“The rescission was granted on an unopposed basis after the court had refused permission for the late filing of Jenkins’s answering affidavit.
“The application for leave to appeal is directed against that refusal,” judgement read.
“Jenkins’s right of access to the court was not restricted in any way.
“He had ample time to place his version before court. Setting aside the declarators would have no practical effect on the interim interdict that had been set aside.
“Jenkins is not precluded from exercising his cultural practices. The appeal is moot and it is also not in the interest of justice to grant leave to appeal.
“There is no merit in the submission that this court was influenced by wrong principles or misdirected itself on the facts.
“In the circumstances of this matter, Jenkins has failed to show that the court had reached a decision that was unreasonable for a court directing itself to all the relevant facts,” the judgment says.
The GKKITC said: “Given that we have been fighting the current developer for over five years, and we as Khoi and San people have been fighting for our land on this site since 1657, we remain more resolute than ever.”
Chief Shiraatz Mohammed, who opposed Jenkins in the matter said: “He (Jenkins) put up a brave fight and it was admirable.”
Cape Times