Synopsis:
Application concerning the relationship between s. 31A and s. 32 of the Environmental Conservation Act. The central issue was whether the s. 32 notice and comment procedure was required when direction are issued to a specific person or entity and not to general members of the public. It was held that the notice and comment procedure is not applicable but that directions issued in terms of s. 31 are subject to procedural fairness requirements. Majority: Skweyiya J (unanimous) Separate Concurrence: Ngcobo J (Moseneke DCJ, Sachs J, Van der Westhuizen J concurring)
