Build One SA pushes for public access to National Register for Sex Offenders

Build One SA has made good on its promise to ensure that the National Register for Sex Offenders is made public.

Following a delay in the release, BOSA confirmed that it has submitted an application to the Department of Justice and Constitutional Development following the minister's U-turn on the release.

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Initially, Minister Mmamoloko Kubayi, said the register would be made public by the end of February.

However, on March 1, the department indicated that due to legal rules about confidentiality, the release of the register cannot happen just yet.

"The Ministry has identified the need to review the legislation to enable key reforms, particularly regarding confidentiality and disclosure provisions that currently restrict public access," said spokesperson, Terrance Manase.

He explained that the Ministry plans to review the laws to allow changes, particularly regarding confidentiality, which currently prevent public access.

Solomons said the minister's sudden reversal raises serious concerns.

"Does this register even exist? Is it outdated? Or is the Ministry hiding names it does not want the public to see? BOSA will not allow this process to be delayed. We are exercising oversight by using PAIA to demand answers," he said.

He said the public interest in protecting future victims from sexual abuse outweigh protecting the privacy of convicted sexual offenders.

"Given the alarming rates of gender-based violence and sexual crimes in South Africa, the need for public access to this information cannot be overstated.

Making the NRSO public will serve as a strong deterrent against sexual crimes and ensure that those who violate the rights and dignity of others can no longer hide in the shadows," Solomons said.

While there’s no exact timeline given, Manase said the Minister is committed to releasing the register as soon as it's legally possible.

Two phased approach

In the meantime, and to ensure progress, the Minister has directed the department to adopt a phased approach to making the register more accessible to key stakeholders most affected by the challenge of sexual offenders:

Phase one will prioritise access for institutions working with children, such as schools, early childhood development centres, and child-focused organisations.

This will ensure swift and responsible access to necessary information while protecting personal data.

Phase two will be expanding access to general employers to support safer hiring practices while maintaining legal safeguards for personal information.

Manase said once the laws are reviewed and everything is ready, the Ministry will officially announce when the register will be made public.

Concerns

TEARS Foundation's Kavya Swamanithan expressed concern that the release of the register could see misdirected 'social justice' being meted out against the wrong people. 

The NRSO was established by an Act of Parliament in 2007. It 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.

seanne.rall@iol.co.za

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