Sex Offenders Register to be released in phases

The much-anticipated publication of the National Register of Sex Offenders (NRSO) will be implemented in a phased approach, with spaces that children occupy prioritised, Justice Minister Mmamoloko Kubayi has confirmed.

While the commitment to public access was previously announced, Kubayi said that the process will not be as straightforward as an immediate public release.

“You’re not going to wake up at the end of the month and have access to the register as an ordinary citizen. We have to do a phased-in approach of release,” she said.

Speaking to Newzroom Afrika, Kubayi explained that schools, early childhood development centres, and the South African Council for Educators (SACE) will be the first to access the register (without these institutions needing to apply).

“Previously, anyone from the Department of Basic Education would have had to apply for that certificate [to check if a person was on the register]. We don’t want that to happen we want them to have access to the register.”

The second phase will involve amending legislation to remove a confidentiality clause. This allow employers to have access to the registers.

Kubayi says the broader question of unrestricted public access remains under discussion, particularly regarding the Protection of Personal Information (POPI) Act. She says she is in discussions with NGOs and government agencies on how to balance public interest with legal constraints.

“The reality is that you can’t just violate the Act. That’s why the process required is that you must amend that confidentiality [clause] so that everybody knows that you are going to release it… We’ve got to make sure that we protect the process and we do not regress what we have already achieved and what we can achieve,” she said.

Minister Kubayi emphasised the importance of a responsible approach that avoids potential legal challenges.

“We can end up with a court judgment that even this, what we are doing, gets reversed – because it takes one person to say ‘we’ve got rights as offenders or previous offenders, therefore, this will continue to discriminate (against) me’”

She further clarified that minors convicted of sexual offences will not be included in the register, due to rehabilitation considerations under the Child Justice Act.

“Their process is different,” she said.

The register, managed by the Department of Justice and Constitutional Development, records individuals convicted of sexual offences against children and mentally disabled persons. It is maintained with input from law enforcement, correctional services, healthcare institutions, and the courts.