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JOHANNESBURG — The plan to build the African headquarters for tech giant Amazon in Cape Town is in jeopardy after a judge on Friday ordered construction to be halted, arguing that the developers had not properly consulted with Indigenous South Africans.
$300 million development Fueled a nasty feud within indigenous or First Nations communities As the developer has promised to add an Indigenous heritage center, whether building on land many consider sacred would disrespect their history and culture or just elevate it.
Western Cape High Court judge Patricia Goliath found that the developer had exacerbated these divisions by engaging in a biased consultation process that excluded many Indigenous groups.
“The fundamental rights of Indigenous groups to their culture and heritage,” he wrote, “were threatened in the absence of appropriate consultation.”
The development area was most recently a golf course and driving range called The River Club. While First Nations groups differ on exactly what happened in this place, there is general agreement that it belongs to the wider area where their ancestors first fought colonial invaders and the first colonial land theft occurred in South Africa.
Construction began last year after city and Western Cape state officials approved the project, despite some government agencies’ concerns that developers were not adequately scrutinizing Indigenous views or how the development would reduce the heritage value of the site. .
A First Nations organization and a local residents’ association sued city and state officials to overturn their approval. They also asked a judge to stop construction while the case was pending.
In his 79-page ruling, Judge Goliath said that if a judge found that the endorsements were inappropriate, it would be difficult for the litigating parties to get proper relief had the development been at an advanced stage. He said not only that construction should stop, but that the developer should consult more with Indigenous people.
“The judge basically went with truth and justice,” said Leslie London, president of the Observatory Civic Association, a residents’ organization that filed the case with the Goringhaicona Khoi Khoin Indigenous Traditional Council.
The court still needs to review the zoning approval to determine whether the decisions made by the province and province are legally valid.
In a statement released by the property owner, Liesbeek Leisure Property Trust, he only said he was “deeply disappointed” by the judge’s decision and was considering his legal options.
An Amazon spokesperson did not respond to requests for comment.
Since the controversy has surfaced over the past few years, Amazon has remained silent. During a court hearing in January, an attorney for the foundation said the delay in construction would essentially kill the project, as Amazon was likely to withdraw as the main tenant.
Last year, Cape Town Authorities congratulated Amazon chooses its city as its “base of operations on the African continent”. They said the company will create jobs and support the region as a technology hub.
Judge Goliath seemed unaffected by this argument.
“This issue ultimately concerns the rights of Indigenous peoples,” he wrote. “The fact that development has significant economic, infrastructural and public benefits can never override the fundamental rights of First Nations peoples.”
A group called First Nations Collective was formed in favor of development in mid-2019 after the Western Cape’s chief heritage officer said the developers were not doing enough to engage Indigenous people. Their leader said they were working with the developers and getting them to agree to build a heritage center and other properties that honor First Nations people as part of the project.
One of its leaders, Zenzile Khoisan, added that the collective is a broad coalition of First Nations groups and consultation with the developer has been effective. The collective plans to appeal the judge’s decision and “intensify the war now.”
While Judge Goliath said he didn’t slander the collective and its support for development, he wrote that the developer produced a report based mostly on the collective’s views, while ignoring other Indigenous people who oppose the development.
“The current tension between First Nations Groups reinforces the need for meaningful participation and appropriate consultation,” he wrote.
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