BECOMING AN EMI

In terms of NEMA's Section 31B and 31BA the Minister of Forestry, Fisheries and the Environment and the Minister of Water and Sanitation are empowered to designate state officials as EMIs. In terms of section 31C, MECs are also empowered to designate EMIs to enforcement environmental legislation that is administered at a provincial level. Finally, the Minister of Mineral Resources and Energy may designate Environmental Mineral and Petroleum Inspectors (EMPIs) to undertake compliance and enforcement in relation to environmental contraventions from prospecting and mining activities.

To be eligible for EMI designation, an official must successfully complete "any relevant training course approved by the Director-General".

In terms of Section 31F of NEMA, an EMI must, whenever exercising any powers or performing any duties under NEMA or a SEMA, on demand by a member of the public, produce his or her EMI ID Card.

EMI BASIC TRAINING

The EMI basic training programme was introduced as a result of an amendment to the National Environmental Management Act 107 of 1998 (NEMA), which provided for the designation of Environmental Management Inspectors (EMIs). These officials, from national, provincial and local spheres of government are responsible for the undertaking compliance and enforcement activities in terms of environmental legislation regulating the green (biodiversity and protected areas), brown (pollution, waste and impact assessment) and blue (coastal management and water resources). The alignment of the mandate, powers, functions and duties of officials from these various sub-sectors brought about the opportunity to standardise the training requirements for all officials on a national basis; and sparked the development of the EMI basic training programme.

Attendance and passing of the EMI basic training programme is a mandatory legislative requirement in order for any government official to become eligible for designation as an EMI. Section 31E of NEMA provides that the Minister may prescribe qualification criteria for environmental management inspectors and environmental mineral and petroleum inspectors. In terms of the Regulations related to the Qualification Criteria, Training, and Identification of; and Forms to be used by Environmental Management Inspectors (GNR623 in GG 40879 of 31 May 2017) (EMI Regulations), “Designating authorities may designate persons referred to in section 31B, 31BA, 31BB or 31C of the Act as inspectors only if such persons have successfully completed a relevant training course approved by the Director-General.” This standardised training programme is applicable to all 3 spheres of government (national, provincial and local) as well as to relevant compliance and enforcement officials from the national Departments responsible for water affairs and minerals and energy (adapted as required).

The first round of EMI basic training courses was presented in November 2005; and has undergone 3 distinct phases: firstly, an initial EMI bridging training course was presented by DFFE and a consortium led by the University of Pretoria and the NGO TRAFFIC (2005-2006) and was aimed at getting an initial cohort of officials trained, this was followed by a second phase, in which specific tertiary educational institutions, namely the University of South Africa (UNISA), the University of Pretoria (UP) and Cape Peninsula University of Technology (CPUT), in partnership with DFFE were involved in the delivery of the basic training (2007 – 2011). From 2012 onwards, the EMI basic training course has been internalised within the Inspectorate and is presented by DFFE.

The EMI basic training course has become the cornerstone of the overall capacity development programme for environmental compliance and enforcement officials, which comprises of a range of specialised and advanced training courses for EMIs, as well as capacity development initiatives for other related law enforcement authorities. This basic course is intended to provide the foundational skills and competencies to officials to empower them to execute the EMI function on a basic level, while the specialised or advanced courses provide a more in-depth focus on critical aspects of compliance and enforcement.

The EMI basic training has evolved since 2005, with several iterations required to maintain the relevance of the course material and presentations in line with legislative developments and changes to environmental compliance and enforcement practices. From the 10-day contract session offered in 2005, the basic training course has progressed to now comprise of a 2-month course, with 4 weeks of e-Learning and 3 weeks of contact sessions, during which attendees are subject to a series of rigorous individual and group assessments. Admission to the course is limited to government officials who are appointed specifically to undertake compliance and enforcement with environmental legislation. Due to the distinct function executed by field rangers employed in the county’s network of protected areas, a separate and dedicated Grade 5 EMI training course has been developed and is presented internally by each employing EMI Institution, with the support and guidance of DFFE.