LEG2601 Assignment 1 2026
DUE 24 AUGUST 2026
Question: Ms Dube failed to include objections raised by interested and affected
parties. This is contrary to the principle of just administrative action. Examine the
effect that the lack of public participation has on the application submitted to the
competent authority. What steps can the local community members, as aggrieved
parties, take to challenge the decision.
The scenario involves Green Horizon Developments (Pty) Ltd planning to build a
shopping centre and fuel station near a wetland area outside Polokwane. The company
appointed Ms Dube as the environmental assessment practitioner (EAP), who failed to
include objections raised by interested and affected parties. This failure raises critical
legal issues regarding the principle of just administrative action and public participation
in environmental decision-making.
2. The Effect of Lack of Public Participation on the Application Submitted to the
Competent Authority
2.1 The Legal Basis for Public Participation
Public participation is a fundamental pillar of South African environmental law. Section
24 of the Constitution provides that everyone has the right to an environment that is not
harmful to their health or wellbeing. Section 24(b) imposes a constitutional obligation on
the state to protect the environment through reasonable legislative and other measures.
(LEG2601, Study Guide, page 44)
Section 195 of the Constitution, contained in Chapter 10, establishes democratic values
and principles for public administration, including "responsiveness to people's needs,
1
, and the encouragement of the public to participate in policymaking" and "the fostering of
transparency by means of providing the public with timely, accessible and accurate
information". (LEG2601, Study Guide, page 41)
The National Environmental Management Act 107 of 1998 (NEMA) echoes these
constitutional values. Section 2 of NEMA provides that development must meet the
requirements of public participation and transparency, and these principles apply to the
actions of all organs of state. (LEG2601, Study Guide, page 48)
2.2 NEMA Requirements for Public Participation
Section 24(4)(a)(v) of NEMA specifically requires that procedures for environmental
authorisation must include
"public information and participation procedures which provide all interested and
affected parties, including all organs of state in all spheres of government that may have
jurisdiction over any aspect of the activity, with a reasonable opportunity to participate in
those information and participation procedures." (LEG2601, Study Guide, page 66)
Section 24(4)(b) requires that every application for environmental authorisation must
include an investigation of the potential consequences or impacts of the alternatives to
the activity, investigation of mitigation measures, and consideration of public
participation. (LEG2601, Study Guide, page 66)
2.3 The EAP's Duty Regarding Public Participation
An EAP has specific obligations under Regulation 13 of the Environmental Impact
Assessment Regulations, 2014. An EAP must:
be independent
have expertise in conducting EIAs
2
DUE 24 AUGUST 2026
Question: Ms Dube failed to include objections raised by interested and affected
parties. This is contrary to the principle of just administrative action. Examine the
effect that the lack of public participation has on the application submitted to the
competent authority. What steps can the local community members, as aggrieved
parties, take to challenge the decision.
The scenario involves Green Horizon Developments (Pty) Ltd planning to build a
shopping centre and fuel station near a wetland area outside Polokwane. The company
appointed Ms Dube as the environmental assessment practitioner (EAP), who failed to
include objections raised by interested and affected parties. This failure raises critical
legal issues regarding the principle of just administrative action and public participation
in environmental decision-making.
2. The Effect of Lack of Public Participation on the Application Submitted to the
Competent Authority
2.1 The Legal Basis for Public Participation
Public participation is a fundamental pillar of South African environmental law. Section
24 of the Constitution provides that everyone has the right to an environment that is not
harmful to their health or wellbeing. Section 24(b) imposes a constitutional obligation on
the state to protect the environment through reasonable legislative and other measures.
(LEG2601, Study Guide, page 44)
Section 195 of the Constitution, contained in Chapter 10, establishes democratic values
and principles for public administration, including "responsiveness to people's needs,
1
, and the encouragement of the public to participate in policymaking" and "the fostering of
transparency by means of providing the public with timely, accessible and accurate
information". (LEG2601, Study Guide, page 41)
The National Environmental Management Act 107 of 1998 (NEMA) echoes these
constitutional values. Section 2 of NEMA provides that development must meet the
requirements of public participation and transparency, and these principles apply to the
actions of all organs of state. (LEG2601, Study Guide, page 48)
2.2 NEMA Requirements for Public Participation
Section 24(4)(a)(v) of NEMA specifically requires that procedures for environmental
authorisation must include
"public information and participation procedures which provide all interested and
affected parties, including all organs of state in all spheres of government that may have
jurisdiction over any aspect of the activity, with a reasonable opportunity to participate in
those information and participation procedures." (LEG2601, Study Guide, page 66)
Section 24(4)(b) requires that every application for environmental authorisation must
include an investigation of the potential consequences or impacts of the alternatives to
the activity, investigation of mitigation measures, and consideration of public
participation. (LEG2601, Study Guide, page 66)
2.3 The EAP's Duty Regarding Public Participation
An EAP has specific obligations under Regulation 13 of the Environmental Impact
Assessment Regulations, 2014. An EAP must:
be independent
have expertise in conducting EIAs
2
