Cape Town - “We will never surrender our heritage”, said several Khoi and San leaders who reiterated their opposition to the River Club redevelopment and support for Tauriq Jenkins on Tuesday.
At a press conference with attendees including the IXam, the Nama and the Griqua royal house, indigenous leaders expressed disappointment at the outcome of the first part of the case and their will to keep fighting.
The David versus Goliath legal battle last week saw the Western Cape High Court set aside the earlier judgment of Deputy Judge President Patricia Goliath, who had in March interdicted construction at the River Club site.
The initial interdict was after the Observatory Civic Association (OCA) and the Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC) approached the court to stop the R4.6 billion development from proceeding, citing irreparable harm and that there had been no meaningful consultation, among other reasons.
The full bench of the high court last week revoked Judge Goliath’s interim interdict and revoked Jenkins’ authority to represent the Goringhaicona Khoi Khoin indigenous Traditional Council, ruling that he did not have authorization to launch legal proceedings on its behalf.
Paramount Chief Marthinus Fredericks of the !Aman Traditional Council and Chair of the Khoi and San Kingdom Council of Southern Africa on Tuesday said: “I cannot believe people are prepared for a few cents to sacrifice the heritage and the birthright of the people. The magnitude of the ruling of judge Goliath has a ripple effect not just in South Africa but in Africa.
It gives a voice to the voiceless aboriginal people, by nullifying that judgement is automatically saying that your capitalists have much more voice than the authentic aboriginal people in this country. That cannot be true, that we cannot accept.
“There’s definitely a need to have a fresh look at how we use the justice system, as it has now become a battlefield for big corporates with huge pockets to nullify and silence the voice of the authentic people.”
B’ia Bradley Van Sitters, !Khora||gau||aes Cultural Council added that “the battle continues’.
“History will hold us accountable if we stood and watched something like this happen in our lifetimes without saying and doing nothing.
The people will forever remember this generation, who was part of the transition from apartheid system to democracy. Our people have suffered tremendously and today are still in trauma. How can we hand over the future of a river to a multi-national corporate?” he asked.
“We see that monstrosity standing here (at the development site) today, I wept when I saw that.”
Princess Charné Kreeling, of the Griqua Royal Council said “ the Khoi and San will advance, we will not stand down.
Approached for comment, Regent Edmen Michael Hansen who had been the applicant in the case, challenging Jenkins’ legitimacy, said he had no comment.
Developers, the Liesbeek Leisure Properties Trust (LLPT) said: “While certain individuals might support Jenkins’ opposition to the development, they chose not to register as Interested and Affected Parties (I&APs).
“As we have set out in our review answering affidavits, that were filed over a month ago, we can only surmise this was because they accepted that Jenkins represented them, which he has claimed on record that he did.
If this is the case, then they were represented by Jenkins whose comments were considered and addressed by the competent authorities.”
Cape Times