The first applicant, an environmental society based in Hekpoort, and the second applicant, an agricultural worker, sought to prevent Hekpoort Foods CC from operating a sorghum beer factory alleged to cause environmental pollution, particularly to underground water. After launching an application in the Transvaal Provincial Division of the Supreme Court, the matter was struck off due to procedural irregularities, with adverse costs orders and a requirement that the Society furnish security for costs. Attempts to join the second applicant and to appeal were unsuccessful. The applicants then sought direct access to the Constitutional Court, alleging that environmental harm, procedural delays, and the security-for-costs order violated constitutional rights, including access to courts and environmental rights.