Action Society has formally demanded that Minister of Justice and Constitutional Development Mmamoloko Kubayi establish a lawful public-access regime through which parents and caregivers can determine whether someone with access to their child has been convicted of a sexual offence against a child.
In a letter sent to the Minister today, Action Society argues that the current secrecy surrounding the National Register for Sex Offenders (NRSO) prevents parents from accessing information that could help them protect their children.
The demand is deliberately limited to offenders who were adults when they committed sexual offences against children. It excludes offenders who were minors at the time of the offence, as well as convictions that have been overturned or lawfully expunged.
“The State knows who has been convicted of sexually abusing children, but parents are legally prohibited from accessing that information. Government cannot place the primary responsibility for protecting children on parents while withholding the very information they need to fulfil that responsibility,” says Juanita du Preez, national spokesperson for Action Society.
Minister Kubayi announced in January 2025 that the NRSO would be made publicly available by the end of February that year. Publication was subsequently delayed after the Ministry indicated that amendments to the Criminal Law (Sexual Offences and Related Matters) Amendment Act were required.
In September 2025, the Minister confirmed in Parliament that section 52 of the Act currently criminalises disclosure and that legislative amendments would be necessary. In April 2026, she indicated that draft amendments had been circulated for comment, but that the final Bill had not yet been submitted to the Office of the Chief State Law Adviser for constitutional certification.
More than a year and a half after the original announcement, no certified Bill has been published, no legislation has been gazetted for public comment and no date for tabling the amendments in Parliament has been announced.
Action Society maintains that no South African court has ruled that a properly designed disclosure regime for adult offenders convicted of sexual offences against children would be unconstitutional. Concerns about privacy, rehabilitation and vigilantism can be addressed through appropriate safeguards.
Action Society proposes:
- A national searchable platform requiring users to verify their identities.
- A parental and caregiver disclosure process through which someone can enquire about a person who has or seeks access to their child.
- Proactive notification to schools, early childhood development centres and similar institutions.
- Verification of information before disclosure.
- Urgent correction and removal procedures where information is inaccurate.
- Defined review and removal periods.
- Criminal penalties for harassment, vigilantism and the unauthorised redistribution of information.
- The complete exclusion of people who were children when the offences were committed.
“Government continues to present offender privacy and children’s safety as if only one can be protected. That is simply not true. Other constitutional democracies have implemented controlled disclosure systems with identity verification, risk-based access, review mechanisms and penalties for misuse. South Africa can do the same,” says Du Preez.
The need for reform is made more urgent by the failure of the current institutional vetting system. By April 2026, the Department had confirmed a backlog of 74 497 vetting applications, while approximately 300 000 teachers reportedly remained unvetted. Previous investigations also identified convicted sex offenders working in schools.
“A register that cannot warn parents and is supported by a vetting system overwhelmed by tens of thousands of applications is failing in its most basic purpose. Children cannot wait indefinitely for government’s administrative and legislative processes to catch up,” says Du Preez.
Action Society has made five formal demands:
1. The Department must provide a substantive response within ten business days to Action Society’s unanswered PAIA request of 9 April 2026. The request sought information about the number of people listed on the NRSO, the accuracy and maintenance of the Register, and progress towards publication.
2. The Minister must provide a written legislative timetable within 30 days, including target dates for certification, Cabinet consideration, public comment and tabling in Parliament.
3. The proposed Amendment Bill must provide, at minimum, for safeguarded public access to information about adults convicted of sexual offences against children.
4. Pending legislative reform, the Department must prioritise the vetting of everyone working with children, publish monthly processing figures and provide written feedback to institutions awaiting vetting results.
5. The Minister or her delegated officials must meet with Action Society within 21 days to discuss the Amendment Bill and the interim measures required to protect children.
Action Society has also requested the disclosure of any legal advice claiming that public access to information about adult child-sex offenders would be unconstitutional. If no such advice exists beyond what has already been disclosed in Parliament, the Ministry must confirm this in writing.
If these demands are not met within the stipulated periods, Action Society will consider approaching the High Court or, where appropriate, the Constitutional Court.
“The best interests of children are constitutionally paramount. Every further delay leaves parents without information, institutions waiting for vetting results and children exposed to risks the State may already know about. The Minister must now replace promises with a clear timetable and decisive action,” concludes Du Preez.
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