You can check your lover against the National Registry of Sexual Offenders

An anti-gender based violence protest outside Parliament. File picture Armand Hough/African News Agency(ANA)

An anti-gender based violence protest outside Parliament. File picture Armand Hough/African News Agency(ANA)

Published Jun 26, 2022

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A South African may soon be able to check if a partner is listed on the National Register for Sexual Offenders (NRSO) – but will need to follow strict protocols that included a written consent.

NRSO’s registrar Ntombizodwa Matjila manually goes through the applications.

She said there were just a few more steps to go before the law comes into effect.

It follows the signing into law by President Cyril Ramaphosa the The Criminal Law (Sexual Offences and Related Matters) Amendment Bill that amends Chapter 6 of the Act that expands the scope of the register.

There are 32 000 registered sex offenders with as many as 4 000 possible candidates awaiting conviction.

Matjila said once promulgated, the public would have access to the register by making use of the application process.

At the moment, only employers in the public or private sector such as schools; crèches and hospitals have the right to check that the person being hired is fit to work with children or mentally disabled people.

“Gaining access to the register is not as easy as a click of a button. You need to have a sound reason and should not violate the right to privacy.

“So for example if a mother is applying for access to see if her boyfriend is on the list she would need his written consent first.

“You cannot make an application which is frivolous, and vexatious,” said Matjila.

The amendment will also mean that every offender's name would appear on the register, irrespective of the age and the mental status of the victim.

No registered sex offender will be allowed to work or operate a business in an environment accessible to vulnerable persons – defined as children, female students or lecturers under the age of 25 years, persons living in shelters, and certain categories of persons with disabilities and older persons, etc.

Matjila said the amendment had been approved by the majority of the departments and assured that the current register was accurate.

“To date all the info we have is verified as accurate, so there are no duplicates of names, we went through the process of purifying it.”

Matjila said the 4 000 names awaiting confirmation were pending conviction and had only been flagged for possible addition to the register and were not a backlog.

“The courts will have to confirm their convictions.”

Accessibility to the register has long been a bone of contention for gender-based violence (GBV) activists who questioned its effectiveness.

Civil rights organisation, Action Society has written to the department demanding answers on challenges in accessing the register.

Spokesperson Rentia Mynhardt said they have complaints from different institutions who said their application to the department for clearance certificates went unanswered.

“After several attempts to get precise information on the state of the register, we have asked our legal team to formally request this information from the department.

“The purpose of the request is to ascertain whether the NRSO is handled with the urgency it deserves.

“A backlog of 3 000 (names) means that there are potentially 3 000 sexual offenders applying for jobs at schools and institutions for mentally disabled people without any warning to employers.

“Acting as a voice for, among others, children and mentally disabled people, Action Society feels that with crime being out of control, even the smallest backlog can have terrifying results,” Mynhardt concluded.

Linda Jones, member of the Western Cape Court Watching Brief, said a society plagued with high rape and sex crimes will have difficulty accepting not knowing who was on the register.

“As a country which loves to follow other countries, why do we not have the sexual offenders register made public?

“I experienced how officers knocked on my daughter’s door in the USA, in New Jersey, asking them if it is okay if a past offender could live in that area, which is not even that close.

“They can also go onto the computer and check if his name is on the register, just as they can check the register for any other name.”

Women rights activist, Lucinda Evans, also called on the register to be made public.

“We need to know who is on this register because we still have sexual offenders on the list living in our communities.

But Matjila shot this down, stating: “If we just give open access, we are in total violation of the person's right to privacy, it will be in violation of the Act and constitutional master, so the register will never be made public.”

Related Topics:

Gender-Based Violence