Observatory Civic Association and Another v Trustees for the Time Being of Liesbeek Leisure Properties Trust and Others (12994/21)
Observatory Civic Association and Another v Trustees for the Time Being of Liesbeek Leisure Properties Trust and Others (12994/21) [2022] ZAWCHC 280; 2023 (1) SA 583 (WCC) (18 March 2022)
The Court found that the consultation process with affected First Nations Groups regarding the River Club development was inadequate, with significant stakeholders excluded or insufficiently engaged. The heritage impact assessment was tainted by conflicts of interest and failed to meet the requirements of meaningful consultation as envisaged by the National Heritage Resources Act and constitutional principles. The applicants established a prima facie right to protection of cultural heritage and a reasonable apprehension of irreparable harm if construction continued. The balance of convenience…
Source excerpt
- National Heritage Resources Act
- Environmental Authorisation
- Public Participation
- Intangible Heritage
- Consultation With Indigenous Groups
- Interim Interdict