The relation to Indigenous land on the closed River Club
On March 18, Deputy Judge President of the Western Cape Patricia Goliath halted the construction on the land bought by Liesbeek Leisure Properties Trust, in a ruling of 79 pages. This comes after years of opposition between members of historical societies and commercial business groups over properties being built on pieces of land which have historical and cultural links. The development plans were approved in April 2021, after the River Club golf course closed in 2020. Judge Goliath noted that Liesbeek Leisure Properties Trust would have to meet with members of First Nations to discuss a way forward.
As construction has already begun on the site, many have asked for the halting of all works as the site’s historical links should be assessed and recognised. Goliath added that “this matter ultimately concerns the rights of Indigenous peoples”. What many have found upsetting about the situation is that they feel descendants of the Khoisan groups, who have been contesting the construction, were not properly consulted and given a space to air their grievances. Many members of the Liesbeek Action Campaign, local citizens and Khoisan descendants have filed complaints and suits after the announcement that a new piece of property totaled at R4.5 billionwas to be built. A petition opposing the River Club’s redevelopment has close to 75 thousand digital signatures.
After the ruling, Liesbeek Leisure Properties Trust said they were “deeply disappointed” by the court’s decision and that they would be assessing their options in terms of legality. The land in question is geographically placed in Observatory, between the Black and Liesbeek rivers. This situation brings up an important discussion on commercialism and cultural and historical appreciation as many locals believe the government and businesses in Cape Town do not appreciate the heritage of pieces of land across the city. Instead, they see them as open spaces in which to build more businesses and thus make more money. While there are both pros and cons to the argument of profit and people, in the social context of Cape Town and South Africa there is nothing wrong with properties being built and the positive influence that will have on the economy, but the land must be assessed first before potentially building on land that might have rich cultural and historical links. The significance of halting the Observatory plans is understood even more.
With the high unemployment statistics many do see the development as a great way to create jobs and boost the economy, especially after the pandemic. However, the historical significance must be addressed. There would be job creation for not only the construction, but all the developments on the site. The major plan for the site is to house major tech company Amazon’s African headquarters; however, there are also plans for a hotel as well as for commercial and recreational spaces. While some did see the construction as an opportunity for a major company such as Amazon to set up their African headquarters in Cape Town, others feel it should not be done on the proposed site.
There is great significance in the high court’s halting of the project as many feel this means the court has recognised the importance of acknowledging the site’s historical heritage. Many view halting the development as a sign that people in positions of power are finally hearing what local citizens and descendants of the Khoisan have been saying, after years of feeling overlooked and undermined. With regards to the legality, land with historical links should be appreciated and not built over. The perspective of those opposing the development said, “our argument is that the cultural heritage rights particularly of indigenous people are being infringed by this construction”. As many have been fighting for years for various lands across the Cape to be properly recognised, this halt gives some hope to those who have been fighting for over two years. A new business park with the headquarters of Amazon bodes wonderfully for the city and the economy. However, in a place such as Cape Town with a rich cultural background the site does not have to be somewhere with direct links to a major historical group.