The Department of Justice and Constitutional Development has been slammed for failing to meet a promise it made a year ago to make the National Register of Sexual Offenders publicly accessible.
Image: IOL
Build One South Africa (BOSA) has condemned the Department of Justice and Constitutional Development for failing to meet its promise to make the National Register of Sexual Offenders (NRSO) publicly accessible more than a year after the commitment was made.
Minister Mmamoloko Kubayi had assured that efforts were under way to ensure the NRSO would be accessible to the public.
BOSA spokesperson Roger Solomons expressed disappointment, noting that the initiative remains in a preparatory phase.
“This delay is unacceptable,” Solomons said.
Solomons’ comments came in the wake of a reply by Kubayi to parliamentary questions posed by BOSA MP and Deputy Leader Nobuntu Hlazo-Webster.
Kubayi previously said that her department was advocating for amendments to the confidentiality and disclosure clauses of the Sexual Offences and Related Matters Act, with the goal of making the register publicly accessible.
In September 2025, Kubayi told Hlazo-Webster that her department had approached the Office of the Chief State Law Advisor to seek a legal opinion on the constitutionality of making the register public.
In a recent inquiry, Hlazo-Webster pressed on which specific provisions of the Criminal Law Amendment Act the minister intended to amend to facilitate the NRSO’s accessibility.
She also enquired about the steps that have been taken to address the constitutional concerns raised by the Office of the Chief State Law Advisor.
In her written response, Kubayi maintained that “steady progress” was being made.
She indicated that a review of the Act had identified substantial chapters, particularly Chapter 6, that require changes.
“The department has conducted a process of consultation with internal stakeholders, and certain interested parties who have been identified for purposes of providing the department with their initial inputs,” Kubayi said.
She emphasised that all submissions and comments from these consultations were carefully evaluated.
A legal opinion on the register's constitutionality has yet to be obtained.
“The legal opinion will be obtained once a final draft Bill has been finalised, as part of the legislative process for processing the Bill through Cabinet.”
Solomons pointed out that Kubayi’s statements underscore the government's sluggish pace in advancing this crucial legislation, which is vital for public safety.
He said that BOSA’s longstanding position is that South Africans have a right to know if any of the 32,000 offenders listed on the NRSO live on their street, teach their children, or work in their organisation.
“South Africa continues to face a crisis of gender-based violence and sexual offences. The NRSO is a critical safeguard intended to protect children and vulnerable persons, yet the government has failed to prioritise the reforms required to make it accessible in a timely and constitutionally sound manner,” he said.
“BOSA believes that the government must account for the repeated delays since the original commitment was made and present a clear, time-bound plan to finalise amendments and implementation.”
BOSA launched a nationwide petition advocating for NRSO to be made public and readily accessible to anyone in the country as far back as September 2024.
Cape Times