The case highlights the tension between two elements of the Constitution. The right to property in section 25 and the right to the environment which is not harmful to health or wellbeing in section 24.

The application concerns the development of two properties in Pretoria on land that was previously not developed.

As the developers had not sought the correct EIA it meant that the project had the potential to cause serious harm to the environment, ecology and biodiversity. The court held that the project should not proceed.