Draft NEMA Code of Conduct for environmental inspectors published for comment

SHE Alert 4, 16 February 2026

On 13 February 2026, the Minister of Forestry, Fisheries and the Environment published a notice in terms of section 31E(3) of the National Environmental Management Act 107 of 1998 (“NEMA”), inviting written comments on the draft Code of Conduct applicable to designated Environmental Management Inspectors (“EMIs”) and Environmental Mineral and Petroleum Inspectors (“EMPIs”).

The draft Code sets out the professional and ethical standards expected of EMIs and EMPIs across all spheres of government. These inspectors exercise significant enforcement powers, including conducting inspections, issuing compliance notices and carrying out investigations under NEMA and related legislation.

The purpose of the Code is to ensure that those powers are exercised lawfully, objectively and transparently.

Businesses subject to environmental oversight should review inspection protocols and ensure that site personnel understand how to engage with inspectors. Hospitality and gift policies should align with the standards contemplated in the draft Code, and environmental compliance records should be properly maintained. Inspectors should, as a matter of practice, be requested to produce identification during site visits.

Written comments must be submitted within 30 days of publication in the Government Gazette, i.e. on or before 15 March 2026.