Regulator backs halting of publication of sex offenders register

The Information Regulator (IR) said the delayed publication of the National Sex Offenders Register allows for a thorough legislative review of its alignment with the Protection of Personal Information Act requirements. 

The regulator on Tuesday welcomed the decision by Minister of Justice and Constitutional Development Mmamoloko Kubayi to hold back the publication of the sex offenders register.

Delay

According to the justice department, this decision was made after consideration of “the confidentiality and disclosure provisions in the Sexual Offences and Related Matters Act”.

The regulator’s spokesperson, Mukelani Dimba, said they fully support Kubayi’s decision.

“Sexual assault and gender-based violence are doubtlessly a scourge in South Africa, and all legally sound actions must be taken to protect the vulnerable against such egregious violations of their rights to bodily integrity and human dignity.

“However, in a rules-based society such as South Africa, it is also imperative that such action must fall within the confines of the law,” Dimba said.

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Publication of sex-offenders register

Dimba said that the legislation currently providing for the compilation, maintenance and dissemination of the sex offenders’ register prohibits its publication.

“This was one of the issues discussed by the regulator and the representatives of the department of justice at their meeting on 27 January.

“An additional concern for the regulator was that it was not clear how the department intended to ensure that the publication of the register would be consistent with the eight conditions for lawful processing of personal information in terms of the Protection of Personal Information Act (Popia) 4 of 2013,” Dimba said.

Dimba added that they have committed to making a submission for consideration by Kubayi.

“This submission will detail aspects of Popia that will need to be addressed for the publication of the register to be in alignment with the Act.”

Implementation

While the initial decision to make the sex offenders register public at the end of February was welcomed as a groundbreaking shift in combatting sexual violence, advocacy groups warned that the effectiveness of the register depends entirely on implementation.

Build One South Africa and its deputy leader Nobuntu Hlazo-Webster 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.

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