Question NO26 to the Minister of Justice and Constitutional Development

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05 March 2025 - NO26

Profile picture: Sithole, Mr KP

Sithole, Mr KP to ask the Minister of Justice and Constitutional Development

(a) On what date was the decision taken to make the National Sex Offender Registry public and (b) what motivated the move to make the specified register public, as some activist groups have raised concerns that it might be a performative action, given the low prosecution and conviction rates of sex offenders in the Republic?

Reply:

As I assumed office, I held a meeting with my team to discuss our efforts in combating gender-based violence and femicide (GBVF). It became clear that various interest groups were advocating for the release of the National Register for Sex Offenders (NRSO) to protect vulnerable individuals, combat reoffending, promote accessibility, and create a victim-centric justice system—an approach I fully support.

One of the key concerns raised was the accessibility of the NRSO. Several NGOs have reported that gaining information from the NRSO is a slow and frustrating process. Ordinary South Africans and parents have no way to easily check if the people they trust with their children have a history of sexual crimes. In a privately held NRSO, perpetrators and repeat offenders remain hidden risking the lives of innocent children. In response, I agreed with my department that the register should be released in phases to address inefficiencies in the current system. At present, the process is tedious; interested groups must apply and endure lengthy waiting periods to obtain information or a certificate of information.

Additionally, the confidentiality clause under Section 52 makes it illegal to publish any details from the register. However, we cannot prioritize the rights of perpetrators over those of victims. I hope that when we return here, members of Parliament will support this initiative. I remain steadfast in my commitment to moving swiftly yet responsibly to achieve this goal.

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