Centre for Environmental Rights – Advancing Environmental Rights in South Africa

The judgment is available here.

• Case Number: 12994/21
• Date delivered: 18 March 2022
• Date heard: January 2022
• Judge: Goliath J
• High Court: Western Cape Division, Cape Town

Outcome:

The Respondents were interdicted from any further construction on the River Club site (erf 151832, Observatory, Cape Town)  pending:

• the conclusion of meaningful engagement and consultation with all affected First Nations Peoples; and
• the final determination of the review proceedings in Part B of the application. Costs to stand over  until finalisation of the review.

Application for Leave to Appeal

Four of the respondents (the Liesbeek Leisure Property Trust, the City of Cape Town, the Western Cape MEC and the First Nations Collective) applied for leave to appeal this judgment and this application was dismissed by the court on 5 May 2022.