In a decisive move to combat Gender-Based Violence and Femicide (GBVF), Minister of Justice and Constitutional Development Mmamoloko Kubayi has outlined a three-phase approach to making the National Register for Sex Offenders (NRSO) publicly accessible.

The NRSO, created in 2007, records the names of individuals convicted of sexual offences against children and mentally disabled persons, has always been off-limits to the public.

The aim of making the register public is to enhance safety for children and vulnerable individuals by ensuring that convicted sexual offenders can no longer remain hidden within communities.

Kubayi, expressed deep concern about the lack of transparency surrounding convicted sexual offenders.

“The reality is that many offenders remain unknown to their communities, particularly in institutions like schools and Early Childhood Development (ECD) centres, where they could be placed in direct contact with children,” she said.

The aim of making the register public is to enhance safety for children and vulnerable individuals

She emphasized that while the Children’s Act prohibits convicted offenders from working with children, this provision is often undermined by the lack of access to critical information, making it difficult for institutions to enforce these laws effectively.

The current Criminal Law (Sexual Offences and Related Matters) Act includes confidentiality clauses that prevent the release of the NRSO.

However, Kubayi has called for a comprehensive legislative review to reassess these restrictions.

“We can no longer allow convicted offenders to operate in anonymity, especially when it jeopardizes the safety of our children and vulnerable people,” she said.

Kubayi’s plan is to implement the release of the NRSO in a structured, phased manner.

The first phase involves a review process, during which legal experts, institutions, and the Office of the Information Regulator will engage in discussions to ensure the proposed changes comply with South Africa’s legal framework, including data protection regulations such as the Protection of Personal Information Act (POPIA).

Once this review is completed, the second phase will grant access to the NRSO for institutions that work directly with children, including schools, ECD centres, and regulatory bodies like the South African Council for Educators (SACE).

This will ensure that convicted offenders are not placed in positions of trust where they could harm children.

The third and final phase will expand access to employers across various sectors, enabling safer hiring practices.

Employers will be able to check the NRSO before hiring individuals for roles that involve a high level of trust and could put vulnerable individuals at risk.

Legal safeguards will also be maintained to protect personal data throughout the process.

Kubayi further explained that consultations with stakeholders are currently under way to make the register available to the general public.

She pledged to provide regular updates on the progress of this initiative.

“I am committed to ensuring this process is carried out responsibly and effectively,” she said. “Our most vulnerable citizens deserve a system that empowers them with knowledge and protection.”

Women’s rights and child protection organizations have long called for the NRSO to be made publicly available, believing that knowledge is power.

Ilitha Labantu welcomed Kubayi’s proposal.

“We commend the recent announcement. We believe that public access to the NRSO will serve as a powerful deterrent to potential offenders, sending a clear message that such heinous acts will not remain hidden.

“Moreover, it empowers communities, employers, and institutions to make informed decisions, ensuring that individuals entrusted with the care of vulnerable groups are thoroughly vetted.

“We however believe that the NSRO must be accompanied by stronger preventative measures, improved access to justice for survivors, and enhanced support services for those affected by sexual violence.

“We call on the government, civil society, and all sectors of society to strengthen collaborative efforts to eradicate gender-based violence and ensure safer communities for all.”

Lucinda Evans said she is all for the register being made public. Picture: Tracy-Lynn Ruiters

Gender-based violence activist and founder of Philisa Abafazi Bethu, Lucinda Evans, also strongly supports public access to the sexual offences register.

She emphasised the importance of exposing repeat offenders.

“In our country we often see the cycle of parolees who were in for rape reoffending.

“That is why making the register public is a big yes from me. I want to see the names of those convicted and currently out, including police officers, educators, church, and mosque leaders be publicly-listed along with details such as their photos and addresses and when the offence occurred."

Evans believes that making this information public is crucial for protecting vulnerable communities and holding perpetrators accountable.

tracy-lynn.ruiters@inl.co.za

Weekend Argus