Amazon HQ: Western Cape High Court upholds halting of River Club development

accreditation
0:00
play article
Subscribers can listen to this article
A general view of the current state of the disputed River Club Redevelopment that includes the site where Amazon headquarters.
A general view of the current state of the disputed River Club Redevelopment that includes the site where Amazon headquarters.
ER Lombard
  • The Western Cape High Court has dismissed an application for leave to appeal the challenge halting the River Club development in Cape Town.
  • The application was brought by the City of Cape Town, Western Cape government, Liesbeek Leisure Property Trust and First Nation Collective.
  • It follows a judgment in March when Deputy Judge President Patricia  Goliath ruled the development in Observatory must be halted.

The Western Cape High Court has dismissed an application for leave to appeal the challenge halting the River Club development in Observatory, Cape Town.

The application was brought by the City of Cape Town, Western Cape government, Liesbeek Leisure Property Trust and First Nation Collective.  

It follows a judgment in March by Deputy Judge President Patricia Goliath who ruled the development must be halted.

The development was expected to cost roughly R4 billion, with project plans that included residential, retail and commercial components, a hotel, offices, a conference centre, and schools.

river club
This is the planned development at the River Club. It is on hold for now. Image supplied

Twenty percent of the development would have been allocated for residential use, with one fifth dedicated to developer-subsidised inclusionary housing.

It would have also included Amazon's new African headquarters.

The developers were ordered to "consult meaningfully" with the affected parties.

Goliath handed down judgment on Thursday and dismissed the application with cost. 

READ MORE | Halt to Amazon HQ: WCape MEC launches legal bid to restart construction

"I have considered the facts of the matter and grounds of the appeal, together with the submissions made by the parties."

She said:

 
I have carefully considered my judgment and have concluded that the arguments raised are without merit. I have considered whether the appeal would have prospects of success and I am convinced that there is no reasonable doubt that this appeal would succeed.

The Liesbeek Leisure Properties Trust sought leave to appeal on the basis that if the order suspending construction remained in place, some 6 000 direct and 19 000 indirect jobs would be lost. 

Western Cape Local Government, Environmental Affairs and Development MEC Anton Bredell also filed court papers appealing Goliath's judgment.

Bredell argued the court erred by making a ruling on issues "which were not argued by the applicants as part of their case in the first place", and had failed to weigh "the balance of convenience" for an interdict. 

Meanwhile, the City argued the judgment was "vague and unworkable because it is not clear who must be consulted, who must conduct the consultation under which statutory regime [if any] the consultation must occur, and how it will be determined that the consultation has been meaningful".


Never miss a story. Choose from our range of newsletters to get the news you want delivered straight to your inbox.

We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today. Thereafter you will be billed R75 per month. You can cancel anytime and if you cancel within 14 days you won't be billed. 
Subscribe to News24
Voting Booth
The ANC's leadership race is heating up. Who do you think will be elected party president at Nasrec in December?
Please select an option Oops! Something went wrong, please try again later.
Results
Nkosazana Dlamini-Zuma has got it in the bag
7% - 868 votes
I foresee a second term for Cyril Ramaphosa
83% - 9915 votes
Don’t discount a Zweli Mkhize win
10% - 1154 votes
Vote
Rand - Dollar
18.10
-0.5%
Rand - Pound
20.13
-0.2%
Rand - Euro
17.70
-0.4%
Rand - Aus dollar
11.56
-0.2%
Rand - Yen
0.12
-0.5%
Gold
1,702.91
-0.6%
Silver
20.22
-2.1%
Palladium
2,234.00
-1.2%
Platinum
924.00
-0.2%
Brent Crude
94.42
+1.1%
Top 40
59,280
-0.2%
All Share
65,676
-0.2%
Resource 10
63,294
+0.0%
Industrial 25
79,505
-0.7%
Financial 15
14,072
+0.5%
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE