Judging by the three-phased approach announced by Minister of Justice and Constitutional Development, Mmamoloko Kubayi, the result of the so-called publication of the National Register for Sex Offenders (NRSO) to the public will be a step to nowhere. Action Society welcomed the announcement that the NRSO would be made available to the public, but judging by the Minister’s three phased plan, the list will not be accessible to the public at all. Instead, it will still only be available to employers in the public or private sectors as is the case now.
“The minister’s so-called plan unmasks the fact that the NRSO will not be any more public than it is now, which is unacceptable and not in line with international standards. Sexual offenders cannot be protected by privacy laws. Any woman must be able to check if someone she is considering a relationship with has a criminal past and parent’s should be able to check the status of the people they entrust their children with,” says Action Society spokesperson Juanita du Preez.
In a letter to the minister, Action Society demanded clarity on several key aspects of the NRSO’s operation and public accessibility. The following questions were sent to the minister:
Implementation and Accessibility:
- Please specify the exact date when the NRSO will be publicly accessible.
- How will members of the public access the register—will it be an online database, a downloadable document, or available upon request?
- Will the NRSO be accessible to anyone in South Africa, and in what form will it be available? Is it possible to search for specific convicted offenders, or will the entire list be visible?
Data Accuracy and Updates:
- With 32 501 active entries and an additional 10 325 pending, how often is this list updated?
- What is the typical timeframe between a conviction and inclusion on the register?
- What mechanisms are in place to ensure accuracy, prevent wrongful inclusion, and handle potential challenges or appeals?
- How does the register compare reported sexual offences against actual convictions and the subsequent inclusion of names on the list?
Details Available to the Public and International Standards:
- Once publicly available, what measures will ensure the register is accessible while complying with data privacy laws? How will the Department manage the balance between access and privacy?
- What specific information about offenders will be accessible through the NRSO? How does the department plan to balance public safety with the privacy rights of the individuals listed?
- How does the NRSO compare with international standards for similar registries? Have protocols or enhancements been adopted from other jurisdictions?
Action Society is awaiting urgent feedback. In the meantime, it is safe to assume that the so-called publication of the NRSO, at least for the foreseeable future, is just more empty promises.
