The Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has announced a major policy shift that could see South Africa’s National Register for Sex Offenders (NRSO) made publicly accessible for the first time.
Kubayi confirmed during a recent parliamentary Q&A that her department is in the process of drafting legislative amendments to make the register available beyond its current limited scope.
At present, the law prohibits the publication of the register’s contents, except under court order or for implementation of the Act.
“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,” Kubayi stated.
The proposed change is part of a broader effort to improve the safety of vulnerable groups, especially children, by empowering schools, daycare centres, and care institutions to vet potential employees and volunteers more effectively.
Legislative Reforms Underway
A draft amendment bill has already been prepared and is undergoing internal consultations.
Further discussions are planned with South Africa’s Information Regulator to ensure compliance with data protection and privacy laws.
Once this process is complete, the bill will be tabled in Parliament for further debate and possible approval.
Expanded Access and Faster Processing
Kubayi also announced that her department will increase the operational capacity of the Registrar’s office to ensure faster processing of access applications to the NRSO.
This will support a smoother rollout of access for approved institutions.
To support this initiative, the Justice Department is working in partnership with the Departments of Basic Education, Police, and Higher Education.
These partnerships will help coordinate safe hiring and monitoring practices across sectors working with children and other at-risk groups.
Balancing Rights and Safety
While the move is largely welcomed by child protection advocates, Kubayi stressed the importance of balancing the public’s right to safety with the constitutional rights of individuals listed on the register.
“The solution must respect both legal obligations and our moral duty to protect the vulnerable,” she said.
If passed, the bill would mark a historic moment in South Africa’s fight against sexual violence, potentially opening the way for greater transparency and accountability in protecting at-risk populations.
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