As the battle over the controversial River Club development continues in court, an urgent application to have one of those opposed to it to be removed was also heard this week.
The application, brought by three members of the Goringhaicona including Edmen Hansen, Chief Shiraatz Mohammed and Peter Ludolph supported in an affidavit by a Trustee of the First Nations Collective (FNC) sought to have High Commissioner of the Goringhaicona Khoi Khoin Traditional Indigenous Council (GKKTIC) Tauriq Jenkins removed as the spokesperson.
The application also sought orders declaring that the GKKTIC did not authorise the legal cases against the developers and that court orders previously granted in its favour should be rescinded.
Hansen said in his affidavit that the Khoi tribe did not object to “reasonable development” of the River Club as long as “we are enfranchised”.
“Our ultimate object (sic) is to be economically and politically enfranchised as a nation,” he said.
He also noted in his affidavit differences among the Khoi leaders and who might be regarded as a rightful leader and representative, in terms of its constitution.
“No meeting was held with the Supreme Executive Council to the best of our knowledge to commence court proceedings (against the developers), ” said Hansen’s affidavit.
The application, however, was struck from the urgent court roll.
The latest court move comes amid attempts by the GKKTIC and the Observatory Civic Association (OCA) to declare the developers in contempt of court after they were accused of resuming construction on the site, despite an interdict.
The Western Cape High Court upheld in May the interim interdict issued on March 18, which effectively put a halt to the development on the floodplain at the confluence of the Liesbeek and Black rivers, and on land regarded as “sacred” by indigenous people.
Judge Patricia Goliath granted the interdict pending the review of the decisions to permit the development.
In the ruling, Goliath ordered that a public participation process be conducted with all indigenous peoples whose rights would be affected by the development after the court heard that a consultant appointed by the developers, Liesbeek Leisure Properties Trust (LLPT), had consulted with only some of the Khoi and San leaders.
Now a fresh application was brought before court, challenging Jenkins’ locus standi (whether an applicant is entitled to seek redress from the courts in respect of a particular issue).
“The application says that if you don’t support the development then you are not Khoi.
“There’s an attempt to strip the Khoi and San leadership of their authority by virtue of the fact that they do not support the development. This is untraditional,” said Jenkins
He said he along with the chairperson of OCA, Professor Leslie London had also been targets of a “smear campaign”.
Jenkins said opponents of the development included at least 18 Khoi and San councils and organisations who had signed affidavits to confirm that they neither supported the development nor were consulted.
“I have been accused of disgusting behaviour against some leaders, allegations that are completely not true.
“Those that are opposed to the development are either intimidated, threatened or defamed,” he said.
Jenkins said the tactics bore the hallmarks of a “divide and conquer strategy” against the indigenous peoples.
“I am convinced that there are third force elements being deployed in the same way that this was done in the 19803 and before CODESA talks in KwaZulu-Natal,” Jenkins said.
The Liesbeek Action Campaign noted in a media statement its “shock and disgust“ at the attempts to ”spread misinformation and smear Jenkins”.
He also noted that some of the indigenous leaders who initially opposed the development were now in support of it, with some allegedly releasing affidavits to that effect.
However, he said this did not represent a split within the Goringhaicona Khoi-Khoin Traditional Council.
Prince Titus of the San group said that he withdrew his support for the development because the developer was allegedly “putting our history in the grave”.
Titus told the Weekend Argus that none of the promises of “jobs for the San” in support of the development had materialised.
According to Jenkins, four years ago, the Khoi and San leaders were unified in their opposition to the development.
He said only after a “consultant” was hired to secure “Khoi legitimacy” did the “deep division” erupt amongst indigenous groups.
“The heritage is the casualty,” he said.
In a statement, the Gauteng Khoi and San Council expressed its concern over the attacks against some leaders who had “stood up to defend the heritage of our people“.
“It is beyond description to see individuals claiming to be Khoi leaders exhorting a crowd of people to shout abuse and use foul language against Tauriq Jenkins, the High Commissioner of the Goringhaicona, simply because he has dared to stand up to the decisions made by powerful politicians.
“It is deeply troubling to see supposed leaders heaping abuse and belittling a senior leader of our indigenous nation, a leader who has devoted himself to advancing heritage rights for Indigenous people,” said the statement.
The application for contempt of court against the developers was expected to be heard on a date yet to be scheduled.
The court postponed the matter on Wednesday. The application of contempt soon was yet to be scheduled.
Weekend Argus