River Club Interdict Obtained By Fraud, Three Judges Rule GroundUp_News: SouthAfrica
A high court interdict granted in the Western Cape High Court earlier this year that stopped development of the R4.6-billion River Club development, has been rescinded. This was because it was obtained"through fraud".
In March Judge Goliath granted the interim interdict to stop any further development of a"large-scale urban campus", including the regional headquarters for Amazon, on the site where the Liesbeek and the Black Rivers join. Judge Baartman, who penned Tuesday's ruling said, the GKKITC, Regent Michael Hansen, Chief Shiraatz Mohammed and Peter Ludolph had instituted the rescission application against Jenkins, Delroque Arendse and the Observatory Civic Association on the basis that the interdict had been obtained by fraud.The judge said the GKKITC was a group of individuals who shared the same heritage and desired its protection.
"Significantly it would also include public transport infrastructure. The relevant authorities, after extensive public engagement spanning several years, granted the required authorisation and the development broke ground," Judge Baartman said. He also stated that the leaders of the vast majority of First Nation organisations had"confirmed in conversations with me" that they were strongly opposed to the development.
Following the ruling by Goliath in March this year, the GKKITC executive council had met and"revoked" any apparent authority given to Jenkins or Paramount Chief Aran and resolved they must resign or be fired, and that the rescission application be pursued.However it had to be proved that the false evidence would have led to the judge coming to a different conclusion.
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