By now plans for Amazon to build a facility in Cape Town (River Club) should be known by all, but the development has also come under scrutiny for the potential environmental and cultural impact it threatens to make if erected.
As such, the Liesbeek Action Campaign (LAC) has taken the developers to court over the development and this week got a major victory, with a Western Cape judge dismissing a leave to appeal on a decision made regarding an interdict against further construction.
More specifically, “Judge Goliath issued another clear and firm judgement that reflects the primacy of our Constitution in determining the validity of administrative decisions,” the LAC explained in a press statement sent to Hypertext.
“She dismissed the applications by the Liesbeek Leisure Property Trust (LLPT), the City of Cape Town, the Department of Environmental Affairs and Development Planning and the First Nations Collective for leave to appeal her March 18th judgement interdicting any further construction at the River Club pending conclusion of the High Court Review and the undertaking of meaningful consultation,” it adds.
The LAC notes that Judge Goliath considered all of the developer’s arguments and found them without merit. “Since any appeal would therefore not have any reasonable prospect for a successful outcome at a different court, she turned down their leave to appeal,” it continued.
As for what happens now, the construction on the River Club Amazon development remains halted, with the environmental, heritage and planning considerations to be fully examined in the High Court under the Promotion of Administration Justice Act (PAJA).
That said, this is far from the last development in this case and further legal proceedings are likely in the offing. As such, this case looks to be dragged out even further, but this has seemingly not impeded the will of the Liesbeek Action Campaign.
Should it prove successful, it would mark quite the victory for a community organisation challenging a big tech firm.
[Image – Photo by Sharaan Muruvan on Unsplash]
