Question NW1302 to the Minister of Social Development

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07 June 2016 - NW1302

Profile picture: Waters, Mr M

Waters, Mr M to ask the Minister of Social Development

What progress has been made to date with each of the specific recommendations made by the SA Human Rights Commission report (details furnished) of October 2013, into the Child Protection Register?

Reply:

Progress made to date with each of the specific recommendations made by the SA Human Rights Commission report (details furnished) of October 2013, into the Child Protection Register, is as follows:

1. Recommendation 11.1: The DSD is required to put in place urgent measures accurately and fully populated with available information. This recommendation is made on the basis that the DSD has demonstrated a capacity to increase the capturing of data on Part B of the CPR by more than 1000% since the date of the Commission’s initial request in September 2012.to this end, the Commission therefore requests that:

11.1.1: The updated CPR is submitted to it within the next 4 months for the period commencing 2012 to date.” Pg. 45

1.1. Progress

  • Two progress reports on updated CPR were submitted in 2014 and 2015 respectively. The third report is still being prepared for submission. The Register has now been updated to a record of 904 names on persons found unsuitable to work with children.
  • DSD has continued to hold bi-lateral meetings with Department of Justice and Constitutional Development (DoJ&CD) where implementation issues are discussed. Meetings have been held with court officials and Chief magistrates to inform them about their obligations regarding the Register.
  • The efforts of obtaining information on persons found unsuitable to work with children from forums such as the South African Social Services Professional Council (SACE) has not been successful. DSD has written to SACE requesting compliance with Section 120 (1) (c) of the Children’s Act, Act (No. 38 of 2005).

2. Recommendation 11.2:

“The DSD is required to conduct an urgent and comprehensive audit of challenges and needs across relevant business units to inform its needs, within the next 3(three) months. A report of the audit is to be provided to the Commission on completion thereof.’’ Pg 45

2.1. Progress

The department has conducted an internal audit on the implementation of the register). The report covers the period from 01 June 2013 to 31 July 2014. A key finding is lack of adequate capacity for the effective implementation of the Register. The report made recommendations that must be implemented during the 2015/16 financial year. The department has, thereafter, successfully secured R6, 5million to capacitate the CPR unit. The grant is for a period of three years for the appointment of staff and purchase equipment. Contract staff have been appointed as follows:

  • 10 Data capturers
  • 8 Registry clerks
  • 6 social workers
  • 1 Administration officer

Data capturers and registry clerks have assumed their duties on the 16/02/2016. The administration officer was absorbed when her previous contract expired. Social workers were only interviewed on 23/02/2016 and Human Resource is currently awaiting the security clearance from the National Intelligence Agency.

The human and financial capacity acquired will enable the department to focus on consultations with the courts and fora to ensure that the Register is properly updated to prevent unsuitable persons from working with children.

3. Recommendation 11.6:

In light of the pending review of the Act, the Commission recommends that the DSD as the leading department in this regard, consult on possible reforms to the Act with a view to increasing practical efficiencies, accuracy and accessibility. In this regard section 120(4) of the Act could be considered for reform directed at reducing the administrative burden currently being experienced by the Courts by allowing Courts to deem a person unsuitable to work with children upon the relevant conviction in criminal proceedings:

(4) In criminal proceedings a person must be found (DEEMED) unsuitable to work with children-

(a) On conviction of murder, attempted murder, rape, indecent assault or assault with intent to do grievous bodily harm with regard to a child;

The recommended amendment may address the need for a second and separate administrative finding of unsuitability from having to be made, allowing the names of persons so convicted to be added to the CPR without the requirement of an unsuitability finding”. Pg.45

3.1. Progress:

The status of progress with the Amendment Bill tabled in Parliament.

The draft Bill was submitted to the SPCHD Technical Working Group on 17 February 2015 and to the SPCHD Cabinet Committee on 24 February 2015 and both Committees granted approval for its introduction to Parliament. It was then introduced to the National Assembly and is currently before the Portfolio Committee on Social Development as the Children’s Amendment Bill 13 of 2015.

Among other things, the Bill seeks to amend section 120 of the Children’s Act to provide that persons convicted of certain offences against children be automatically deemed unsuitable to work with children.

The Portfolio Committee conducted public hearings, and held several briefing meeting with relevant stakeholders. The process is at an advanced stage and the Bill is awaiting adoption by the Committee. Thereafter, it will be passed in the National Assembly and be referred to the National Council of Provinces for consideration by the Select Committee on Social Services.

4. The Commission further requested additional information to form part of the progress report as outlined below:

4.1. Status and copy of the draft policy document on the possible merger of the CPR and National Register for Sex Offenders

The portfolio committee on Social Development and Justice mandated the departments of Social Development (DSD) and Justice and Constitutional Development (DoJ&CD) to look into the possibility of merging the two registers for the purpose of addressing the perceived duplication and related costs, and thereafter provide the following:

  • report on the possible options that are available to address the duplication between the National Child Protection Register and the National Register for Sex Offenders;
  • make recommendations; and
  • obtain policy guidance from the Minister of Social Development and the Minister of Justice and Correctional Services.

The registers were established under different legislative mandates which require the respective departments to establish and maintain them. The legislative mandates are as follows:

  • NCPR: Children’s Act (No. 38 of 2005).
  • NRSO: Criminal Law (Sexual Offences and Related Matters) Amendment Act (No. 32 of 2007).

The CPR provides for the protection of all children against all forms of abuse which include the physical, sexual, emotional and deliberate neglect (as stipulated in terms of Part A of the Register) and to ensure that offenders are prevented from working with these children (as stipulated in terms of Part B of the Register). The offenders are not limited to a criminal procedure, but include civil proceedings conducted in family courts including children’s courts. The Act further provide for Forums such as SACE to make findings of unsuitability on such offenders following disciplinary proceedings. The CPR, therefore, provides a wider scope of protection for all children irrespective of the type of offence committed and the nature of disability of that child.

The NRSO on the other hand, is a register on offenders convicted of sexual offences against children and persons with mental disabilities of all ages.

To comply with the portfolio committee mandate, therefore, both DSD and DoJ&CD have completed a report which is currently receiving the attention of respective Ministers. The report has identified three options for purposes of supporting amendment of legislation in order to merge the NCPR and the NRSO into one single Register.

4.2. Progress in respect of improvements to the information technology supporting the CPR programme

The information technology is currently redeveloping the electronic systems to integrate them on a single platform. The system is also being redeveloped to link with other systems within the Integrated Justice System (IJS) which include DoJ&CD, South African Police Service, Home Affairs, Correctional Services and National Prosecuting Authority which are vital for the electronic integration of information to the CPR.

6. CONCLUSION

DSD will continue to update the Commission regarding the implementation of the CPR in terms of the recommendations as stipulated in the Commission’s report.

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