Chris Fick & Associates

CF-A1Recently the neighbour of one of our clients lodged a complaint with the Bio-security Services Directorate of the Department of Environmental Affairs (DEA) regarding the planting of an illegal AIS (Alien and Invasive Species). The Control Biodiversity Officer inspected our client’s property and found a Brazilian pepper tree on the property. This tree is listed as category 3 on the NEMBA AIS list and therefore an undesirable specimen.

What NEMBA stipulates in regards to cat 3: Invasive species which may remain in prescribed areas or provinces. Further planting, propagation or trade, is however prohibited.

The complainant or neighbour had no proof that this tree was in fact planted after October 2014, the month when NEMBA came into affect. In fact, the Pepper tree is huge and was planted many years ago. The finding of the Control Biodiversity Officer was that the tree can stay, however it needs to be managed and controlled. This means that the tree must be kept in such a manner that it is not overhanging the wall between the properties of our client and his neighbour, and under no circumstance is our client allowed to plant any new cat 3 AIS or allow any seeds to sprout from the Brazilian Pepper tree.

To find out how the NEMBA regulations affect you, download the following NEMBA document.

If you want to get in touch with us to act in respect of any matter stated herein, please send an email to

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)