LEG2601 Assignment 1 Semester 2 2026 - Due 24 August 2026

LEG2601
ASSIGNMENT 1
DUE DATE: 24 AUGUST 2026

, 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,

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