OPINION FOR THE CENTRE FOR ENVIRONMENTAL RIGHTS ABOUT PUBLIC PARTICIPATION IN RESPECT OF THE IMPOSITION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 24G OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 107 OF 1998

The document examines the legal basis for public participation in the imposition of administrative fines under section 24G of NEMA. It concludes that while such determinations likely do not constitute 'administrative action' affecting I&APs under the Promotion of Administrative Justice Act (PAJA), the failure to allow I&APs to be heard may still be considered irrational and unlawful under the Constitution and the principle of legality.

• The determination of an administrative fine under section 24G of NEMA is considered administrative action regarding the person being fined, but it is unlikely to be viewed as administrative action regarding interested and affected parties (I&APs) because it does not 'materially and adversely affect' their rights nor have a 'direct' effect on them.
• Even if a decision is not classified as administrative action under PAJA, it remains subject to review based on the principle of legality, rationality, and section 1(c) of the Constitution.
• There are compelling arguments that determining fines without I&AP input is irrational, as NEMA's National Environmental Management Principles require that the participation of all interested and affected parties in environmental governance be promoted.
• The authors argue that the input of I&APs is a relevant consideration for determining fines because these parties often possess specialist knowledge and expertise in assessing environmental impacts.
• The document suggests a practical mechanism for participation: requiring section 24G applicants to invite comments on the proposed fine quantum from I&APs who registered during the report compilation process.

APA

SC, G. B., & de Villiers, C. (2015). OPINION FOR THE CENTRE FOR ENVIRONMENTAL RIGHTS ABOUT PUBLIC PARTICIPATION IN RESPECT OF THE IMPOSITION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 24G OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 107 OF 1998. Centre for Environmental Rights. https://cer.org.za/wp-content/uploads/2016/08/Annexure-3A.pdf?x21779

Chicago

SC, G Budlender, and C de Villiers. OPINION FOR THE CENTRE FOR ENVIRONMENTAL RIGHTS ABOUT PUBLIC PARTICIPATION IN RESPECT OF THE IMPOSITION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 24G OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 107 OF 1998. Centre for Environmental Rights, 2015. https://cer.org.za/wp-content/uploads/2016/08/Annexure-3A.pdf?x21779.

Wikipedia

{{cite report |last1=SC |first1=G Budlender |last2=de Villiers |first2=C |title=OPINION FOR THE CENTRE FOR ENVIRONMENTAL RIGHTS ABOUT PUBLIC PARTICIPATION IN RESPECT OF THE IMPOSITION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 24G OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 107 OF 1998 |publisher=Centre for Environmental Rights |date=13 February 2015 |url=https://cer.org.za/wp-content/uploads/2016/08/Annexure-3A.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{sc2015opinion, author = {SC, G Budlender and de Villiers, C}, title = {{OPINION FOR THE CENTRE FOR ENVIRONMENTAL RIGHTS ABOUT PUBLIC PARTICIPATION IN RESPECT OF THE IMPOSITION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 24G OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 107 OF 1998}}, institution = {Centre for Environmental Rights}, year = {2015}, month = feb, url = {https://cer.org.za/wp-content/uploads/2016/08/Annexure-3A.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }