How public access to the sex offenders register can combat gender-based violence
Activists welcome the decision to make the National Register of Sex Offenders (NRSO) public, viewing it as a crucial tool in the fight against gender-based violence, while emphasising the need for broader societal interventions.
While activists have welcomed the move to make the National Register of Sex Offenders (NRSO) public, they believe more needs to be done to address the scourge in communities.
Mmamoloko Kubayi, the Minister of Justice and Constitutional Development, who was speaking during a recent gender-based violence (GBV) awareness campaign, said the NRSO was expected to be made public before the end of February.
This, she said, was in a bid to combat the high rate of GBV.
The NRSO, which was established by an Act of Parliament in 2007, is a record of names of those found guilty of sexual offences against children and mentally disabled people.
The register gives employers in the public or private sectors such as schools, crèches and hospitals the right to check that the person being hired is fit to work with children or mentally disabled people.
However, the register was not open to the public and kept confidential.
“As I got into the portfolio, one of the issues that had been reported was the need for us as a department to release the register, to make it public, for those who have been sentenced and convicted of gender-based violence, to protect our children. I have agreed that we will be able to release this. My time-frame is before the end of February 2025,” said Kubayi.
In addition, Kubayi said a report released by the Human Sciences Research Council on GBV and femicide found that 33.1% of all women aged 18 years and older had experienced physical violence in their lifetime.
“This means at least three out of ten women, aged 18 years and older, that you met had experienced GBV. This is not acceptable, and we should not accept it as a society.”
Kubayi added they intended to upgrade 100 district courts to offer services that are custom-made for survivors of domestic violence.
Reaction:
Jo Moodley, the general and social work manager of Tongaat Child and Family Welfare Society, said they welcomed the long fought for decision to make the register available to the public.
She said if implemented properly, the register would serve as a tool in the fight against sexual violence and femicide in communities.
“This register contains important information that would now be accessible to institutions, especially those which work with children. Organisations can use the register for vetting purposes, such that they can do a full background check before allowing individuals to work with children. Parents would also be able to conduct a check on potential partners and any suspicious individuals lurking in the community.
“The fact that the list would publicly hold perpetrators accountable and would hopefully deter them, is a giant step in the right direction and a big win for advocacy groups. However, it must be noted that access to this register alone would never eradicate GBV. This requires a collective set of interventions and society as a whole needs to be responsible and play their part,” she said.
Aroona Chetty, the director of Phoenix Child Welfare, said: “We welcome the transparency of the department and support this stand as sexual offences committed, especially against children and women are very high in our province.
“The register being made public would ensure the safety of children and women in our community. It will also serve as a deterrent for potential perpetrators.”
Logan Naidu, the president of Child Welfare Chatsworth said they would now be able to check if convicted sexual offenders had been registered.
“We were previously not able to check this. However, while it may be beneficial taking into account the high number of cases of children being violated, whether it will serve as a deterrent is yet to be determined.
“In my opinion, those who are looking to reintegrate into society will fear the release of the register, whereas perpetrators who have no interest in living law-abiding lifestyles, won't even bat an eyelid about their criminality now being exposed,” he said.
Adeshini Naicker, the director of Childline KZN, said while a public register could help identify potential dangers, it was not enough on its own.
“It is alarming that so many people with criminal records, particularly sexual offences, have been allowed to work, especially as teachers. We urgently call for better checks and stronger systems to make sure that people with backgrounds are not in positions where they can harm our children.
“However, we also caution against any risk of people taking matters into their own hands or violating the privacy of those on the register. The register should be used respectfully bearing in mind the individuals rights, “ she said.
Daniel Chettiar, of the non-profit organisation DSK Group, said it was a great victory in the fight against sexual violations against children and women.
“We have been advocating for the register to be made public for years. We have dealt with numerous cases whereby the perpetrators were living among the community and continued to commit offences.
“For example, a man was convicted of a sexual offence in Gauteng, and his name was put on the register. He moved to KwaZulu-Natal, where he was not known, and committed the same crime. It was only when he went to court that it was found that he was a repeat offender, whose name was on the register. There are several other similar cases.
“Now, we can check when we get a report of a crime being committed. In the past year, we have seen a 44% increase in cases of children and women being sexually violated. The register would definitely assist us in getting these repeat offenders out of our communities,” he said.
Charlene Singh, of WomanPACT, said they welcomed the decision as transparency and accountability were critical in the fight against sexual violence.
In addition, she said access to the register would empower communities to protect vulnerable individuals, especially women and children.
“The reality is that many registered offenders continue to live and move freely within communities, often without the knowledge of residents. This poses a significant risk, particularly to children and survivors of abuse. A public register allows for greater vigilance and informed decision-making, whether by parents, schools, or employers working with vulnerable groups,” said Singh.
“The move for a public register must be part of a broader national strategy to combat gender-based violence, ensuring that survivors receive justice and that communities are truly safe. Addressing sexual violence requires a comprehensive approach such as the strengthening of the justice system to ensure that perpetrators are not only listed but also face real consequences.
“There needs to be an improvement in the survivor support services, including access to legal aid, counselling, and safe spaces. There should also be more education and awareness campaigns to challenge the deep-seated societal norms that enable abuse. We also need an enhancement in law enforcement capacity in order to monitor offenders and prevent repeat offences,” she said.
Dr Lubna Nadvi, of the Advice Desk for the Abused, said: “It's good to hear that the register would be made public so that parents, guardians, teachers and the public in general will have the information required to protect children and vulnerable persons from these offenders.
“However, these offenders should ideally be isolated from broader society, either in jail or in some other facility where they do not come into contact with people whose rights they may violate.
“Furthermore, the issue of dealing with GBV must start at school level where pupils are taught how to protect themselves against GBV, as well as teaching possible future perpetrators why it is wrong and illegal to sexually harass or violate anyone and how to not fall into the trap of becoming a sexual offender or perpetrator,” she said.
Gugu Xaba, chief executive officer of Save the Children South Africa, said the move was a significant step towards protecting children and communities from sexual offenders.
“We are dedicated to promoting the rights and well-being of children, we believe that making the register public will help communities be better informed about who their neighbours are and empower them to protect their children better.
“The fact that registered offenders are walking freely in our communities, often without the knowledge of those around them, is a grave concern. This lack of transparency has allowed offenders to hide in plain sight, putting children at risk of harm,” she said.
Xaba said they remained cautious as making the register public would not eradicate child sexual abuse.
“Research indicates that public sex offender registries have limited impact on reducing reoffending rates. Therefore, we advocate for a balanced approach that combines the NRSO's accessibility with comprehensive prevention strategies such as education and awareness, support services, effective law enforcement and evidence-based policies.
“To truly reduce the incidence of abuse, we must also address the root causes of this complex issue, including societal attitudes, power imbalances, and lack of education. Furthermore, we must strengthen our response and support systems to ensure that survivors of abuse receive the care and protection they need.
“Ultimately, our goal must be to create a society where children are safe and protected from all forms of abuse. While the publication of the register is a positive step, we must continue to work towards a more comprehensive and sustainable solution to this critical issue,” she said.