Tauriq Jenkins outside the Western Cape High Court in Cape Town on October 11 last year. Picture: Ayanda Ndamane/African News Agency (ANA)
Cape Town - Tauriq Jenkins, the ousted voice of the Khoi and San people, is set to return to the Western Cape High Court in an attempt to regain his place as the representative of the indigenous people.
As part of a massive win for property developers and the newly-formed Goringhaicona Khoi Khoin Indigenous Traditional Council last year, Jenkins was silenced by a full Bench when, as part of a rescission application, his submissions to the court were found to be false.
At the time, the court found he fabricated evidence in an effort to halt the development of Amazon’s African headquarters in Observatory.
In a press release, a group referring to themselves as the GKITCC said: “Jenkins lost the first hearing in November 2022, and was subsequently painted as a fraud across various media outlets. He filed an application for leave to appeal to the Supreme Court of Appeal in Bloemfontein with the High Court in Cape Town on November 29, 2022.”
On Monday, Jenkins said the review application was the most important part of the fight against the development of Amazon headquarters.
“What is very important is that the review, which is part B, which is the main case, is still to happen. The review is the case that we would look at the three main aspects around which the development itself was approved irregularly and unlawfully.
“It is there that the technical aspects surrounding public participation, surrounding process, surrounding the fact that the City of Cape Town had approved – and given the green light – despite its own environmental department appealing the development,” (will be tested) he said.
Jenkins will be represented by advocates Roseline Nyman and Ntwanano Mashava.
As part of his appeal, Jenkins said three people – Edmen Michael Hansen, Shiraatz Mohammed and Peter Ludolph – were disgruntled members of the Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC) who left the council.
In his appeal, he claims the three “formed a new structure named Krotoa Goringhaicona and offered (Desmond Dreyer) shares in lucrative property development projects by leveraging contacts in the government in exchange for supporting their new structure and, in particular, getting (mini-bus) taxi’s filled to support the so-called Amazon development”.
Jenkins said: “Despite facing the wrath of a well-resourced legal and media campaign, we remain resolute in our centuries-old fight for justice on this sacred land.”
rafieka.williams@inl.co.za