Public access to sex offender register marks milestone

The decision to make the National Register for Sex Offenders (NRSO) public at the end of this month has been welcomed as a groundbreaking shift to combat sexual violence.

However, advocacy groups have warned that the effectiveness of the register depends entirely on implementation.

According to the Minister of Justice and Constitutional Development, Mmamoloko Kubayi, the list of sexual offenders and gender-based violence (GBV) perpetrators will be published and available to the public by the end of February. This is aimed at curbing femicide and keeping parents more informed.

List of sex offenders will be published by end of February

Kubayi’s spokesperson Terrence Manase said the NRSO had 32 501 active “offenders active” who have been convicted of a sexual offence. An additional 10 325 individuals were being considered for inclusion.

“When someone is convicted of a sexual offence in court, a secondary process must be completed to add them to the register. This involves obtaining an “order for inclusion”. The 10 325 cases pending are those awaiting finalisation of this order, “after which they will be added to the register”.

Manase said Kubayi had initiated a multistakeholder consultative process, including engagements with the Office of the Information Regulator to ensure the protection of vulnerable persons was achieved within the bounds of data privacy laws.

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Phase one will prioritise access for institutions working with children, including enabling access for schools, creches and other child-focused organisations, as well as regulatory bodies such as the South African Council for Educators for vetting purposes.

Phase two will grant broader access for general employers to promote safer hiring practices while upholding legal protections for personal data.

“The minister receives regular progress updates from the department to ensure that this important work remains a top priority, with every effort being made to ensure meaningful progress that strengthens the protection of South Africa’s most vulnerable people.”

List updated in real-time

Manase said the list in its current form is updated in real-time.

“The NRSO is maintained in an electronic format and integrated into the department’s infrastructure through the integrated case management system,” he said.

Build One South Africa (Bosa) deputy leader Nobuntu HlazoWebster said making the register public would be a major deterrent for potential offenders, ensuring that those who violate the rights and dignity of others were no longer allowed to hide in the shadows.

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“It has been difficult to understand why it isn’t public. We’ve referenced the UK, the US and Australia, where making the register public has led to important changes.

“In South Africa, you can always identify the victim of gender-based violence, especially in high-profile cases, but when you ask about the perpetrator, noone knows. This is someone who could move into your household or workplace and you’d have no idea who they are.

“In a country with high repetition where nine out of 10 offenders are reoffenders, we cannot afford to lack a system that does not identify them.”

Petition to make list public

Hlazo-Webster and Bosa launched a petition in November 2024 during the 16 days of activism for no violence against women and children, which garnered nearly 20 000 signatures to demand that the list be made public.

Previously, only institutions caring for vulnerable persons had access to the list, but the process, according to NGOs, took six weeks and cost R150 per request.

Action Society spokesperson Juanita du Preez also welcomed the move, saying the decision was a long time coming. It was among the organisations that had asked for the NRSO to be made public.

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“Parents had no way to check if the people they trusted with their children have a history of sexual crimes. That is going to change now. Our argument has always been that privacy laws shouldn’t protect perpetrators of sexual crimes,” she said.

“In South Africa, the conviction rates of these crimes are notoriously low because the children who fall prey to these monsters are often too young to testify in court.

“Going forward, one way will be able to check the NRSO for anyone and the publication of the list means that child predators after their conviction will now be known to the public and will never be in the position to work with children again,” said Du Preez.

Study of teachers with criminal background

This decision comes months after a recent study revealed that 16 097 teachers in South Africa have a criminal background, including rape, murder and assault.

Education activist Hendrick Makaneta said the move was a significant step in strengthening child protection.