Kubayi orders legislative amendments to make sex offenders register accessible
The Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has directed her department to attend to the necessary legislative amendments that will allow the National Register for Sex Offenders (NRSO) to be generally accessible to the public.
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The Minister announced the decision during her oral replies to the National Assembly on Wednesday, 17 September.
Kubayi explained that earlier this year, the Office of the Chief State Law Advisor (OCSLA) advised that the register could not yet be made publicly available, as Section 52 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act prohibits and criminalises its publication “except for the purpose of giving effect to the provisions of the Act; or when required to do so by any competent court”.
“Further clarity was sought from OCSLA on whether or not the Minister has the power, in terms of Chapter 6 of the Act, to publish the NRSO in the Government Gazette, or any other manner.
“The legal opinion concluded that there must be a law of general application that authorises the limitation of the guaranteed rights of persons whose names have been entered in the Registers, by publishing the Registers," Kubayi said.
Based on this, the Minister has directed the department to draft the necessary legislative amendments to allow the register to be accessible.
The Minister assured that government remains committed to “safeguarding children and vulnerable persons by ensuring the NRSO is accessible in a lawful and responsible manner”.
“While doing so and as part of the Minister’s commitment to ensuring a phased and responsible access to the Register, the department is also prioritising providing swift and responsible access for institutions that work with vulnerable groups, such as schools, daycare centres and care facilities to support their vetting processes.
“To achieve this, there is an intention to create more capacity in the Registrar’s office, including in the various provinces to process applications efficiently and expeditiously,” she said.
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The Justice Department will also engage with the Departments of Basic Education, Police, Higher Education and Training, and other key stakeholders to “understand the full extent of the issues and provide feedback on these matters, in particular the interventions that are being put in place”.
The Minister said a draft amendment bill has been prepared and is currently undergoing internal consultation.
"Furthermore, consultations will be undertaken with experts, including the Information Regulator of South Africa, regarding the accessibility of the Register. Once this consultation has been concluded, the Bill will then be subjected to the parliamentary processes,” Kubayi said.