'Government can't place the primary responsibility for protecting children on parents while withholding the very information they need to fulfil it.'
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South Africa already keeps a National Register for Sex Offenders (NRSO), but ordinary people cannot use it.
Action Society says this secrecy blocks parents and caregivers from checking whether someone who spends time with their child has been convicted of sexually abusing a child.
The civil rights group has now sent a formal letter to Justice Minister Mmamoloko Kubayi demanding a lawful, controlled public-access system.
The core problem: a secret register
Juanita du Preez, national spokesperson for Action Society, frames the issue as a fairness problem.
“The State knows who has been convicted of sexually abusing children, but parents are legally prohibited from accessing that information,” she said this week.
She added, “Government cannot place the primary responsibility for protecting children on parents while withholding the very information they need to fulfil that responsibility.”
Why public access has not happened yet
Minister Kubayi first promised in January 2025 that the register would be made public by the end of February 2025, but the rollout stalled.
Officials later said the law had to change because section 52 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act currently makes disclosure a crime.
By September 2025, the Minister told Parliament that amendments were needed.
In April 2026, she said draft amendments had been sent out for comment, but the final Bill had not yet gone for constitutional certification.
More than 18 months after the first announcement, no certified Bill has been published, no draft has been opened for public comment, and no date has been set to table the changes in Parliament.
Vetting is failing on the ground
The push for reform comes as the current vetting system buckles under demand.
By April 2026, the Department of Justice confirmed a backlog of 74 497 vetting applications, and around 300 000 teachers reportedly remained unvetted.
Past investigations have also found convicted sex offenders working in schools.
The Department of Basic Education has stated that as of 12 May 2026, 51 000 of approximately 500 000 educators had been vetted against the National Register for Sex Offenders (NRSO), up from 40 000 previously.
That’s only 10% of teachers who are cleared to work with children.
Currently undergoing long-delayed pre-sentencing proceedings, former teacher Iain Wares was convicted in Cape Town in March 2026 for sexually assaulting a 12-year-old pupil in 1988. He is also fighting extradition to the UK, where he faces over 90 charges involving the alleged abuse of nearly 70 schoolboys during the 1960s and 1970s.
“A register that cannot warn parents and is supported by a vetting system overwhelmed by tens of thousands of applications is failing in its most basic purpose,” Du Preez says.
A controlled system, not a free-for-all
Action Society argues that privacy and safety do not have to be enemies. It proposes a tightly managed system with identity checks, verified data, and penalties for misuse.
“Government continues to present offender privacy and children’s safety as if only one can be protected. That is simply not true,” Du Preez says.
She points to other countries as proof that controlled disclosure can work.
“Other constitutional democracies have implemented controlled disclosure systems with identity verification, risk-based access, review mechanisms, and penalties for misuse. South Africa can do the same.”
Five demands with hard deadlines
Action Society has set five clear demands with strict timelines.
- The Department of Justice must fully answer a formal access-to-information (PAIA) request sent in April 2026. They need to reveal how many people are listed on the National Register for Sex Offenders, how the list is managed, and when it will be made public.
- They must provide a clear written timeline showing the exact target dates to write, approve, release for public comment, and officially submit a new law to Parliament.
- They must draft an Amendment Bill that legally allows the public to search or access information about adults convicted of sex crimes against children, while keeping proper safeguards in place.
- Until the new law is passed, the department must immediately prioritise background checks (vetting) for anyone working with children, publish monthly progress reports, and keep schools and organisations updated on their applications.
- The group has also asked the Ministry to disclose any legal advice claiming that public access to information about adult child-sex offenders would be unconstitutional, or to confirm in writing if no such advice exists beyond what has already been disclosed in Parliament.
Court action if the state misses the clock
Action Society warns that if these demands are not met within the stipulated periods, it will consider approaching the High Court or, where appropriate, the Constitutional Court.
“The best interests of children are constitutionally paramount,” Du Preez says.
She ends with a direct challenge to the minister.
“Every further delay leaves parents without information, institutions waiting for vetting results and children exposed to risks the State may already know about. The minister must now replace promises with a clear timetable and decisive action.”
