The Liesbeek Leisure Properties Trust (LLPT) has made good its promise to file an urgent application to appeal in the SCA against Western Cape Deputy Judge President Patricia Goliath’s entire ruling, which stopped the construction of the R4.6bn project in its tracks in March.

A Cape Argus report says the application to the SCA comes a month after Goliath dismissed their application for leave to appeal the landmark River Club judgment.

At the time, LLPT trustee and spokesperson James Tannenberger said they would review the judgment and take it to the SCA.

Yesterday, Tannenberger referred to Goliath’s order as the ‘legally flawed, job-killing River Club interdict.’

The LLPT’s 29-page SCA application emphasised that when granting its order, the Western Cape High Court had wholly failed to apply the required balance of convenience test for interdicts.

‘On the one hand, there are very significant economic, social, heritage and environmental benefits that stand to be lost if the interdict is not reversed on appeal.’

Tannenberger said these benefits included the immediate and severe consequences to the thousands of construction workers without work.

Tannenberger said that the Cape Peninsula Khoi were also at risk of losing one of the few opportunities to memorialise and celebrate their cultural heritage that is associated with the area, including the establishment of a heritage, cultural and media centre.

He said that the wider public benefits of developer subsidised affordable housing, safe and accessible green parks and gardens, significant road and other infrastructure upgrades in the area and the major rehabilitation of the polluted and degraded waterways adjacent to the property also stood to be lost.

Full Cape Argus report