(a) Lawful administrative action where any of his or her rights to interests is affected or
threatened;(b) Procedurally fair administrative action where any of his or her rights or legitimate
expectations is affected or threatened;(c) be furnished with reasons in writing for administrative action which affects any of his or
her rights or interests unless the reasons for such action have been made public; and(d) Administrative action which is justifiable in relation to the reasons given for it where any
of affected or threatened.Section 35(I) and (3) of the Constitution provides as follows:(1) In interpreting the provisions of this chapter a court of law shall promote the values
which underlie an open and democratic society based on freedom and equality and shall,
where applicable, have regard to public: international law applicable to the protection of
the rights entrenched in this chapter, and may have regard to comparable foreign case
raw.(3) In the interpretation of any law and the application and development of the common
law and customary law, a court shall have due regard to the spirit, purport and objects of
this chapter.'Sections 2 and 3 of the Environment Conservation Act 73 of 1989, which make up Part 1 of the
Act, read as follows:2 (I) Subject to the provisions of ss (2) the Minister may by notice in the Gazette determine the
general policy, including policy with regard to the implementation and application of a
convention, treaty or agreement relating to the environment which has been entered into or rati-
fied, or to be entered into or ratified, by the Government of the Republic, to be applied with a
view to :(a) the protection of ecological processes, natural systems and natural beauty as well as the
preservation of biotic diversity in the natural environment:
(b) the promotion of sustainable utilization of species and ecosystems and the effective application
and re- use of natural resources;
(c) the protection of the environment against disturbance, deterioration, defacement, poisoning,
pollution or destruction as a result of man-made structures, installations, processes or products or
human activities; and(d) The establishment and maintenance of acceptable human living environment in accordance with
the environmental values and environmental needs of communities:(e) The promotion of the effective management of cultural resources in order to ensure the protection
and responsible use thereof;
(f) The promotion of environmental education in order to establish an environmentally literate