Discontent after sex offender registry release is delayed
Zero tolerance for sexual crimes on NWU campus: 6 offenders disciplined in 2023/24
Activists are up in arms, calling the government unjust after the Department of Justice and Constitutional Development (DJCD) failed to follow through on its promise to make the National Registry of Sex Offenders (NRSO) public.
The NRSO was supposed to be released at the end of February 2025 but was delayed because of fears that such a step could violate regulations about confidentiality and disclosure as set out in Section 52 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The DJCD has to make sure all legal requirements are met before making the NRSO public.
The Minister of Justice and Constitutional Development, Mmamoloko Kubayi, believes that expanding access to the NRSO is a crucial step in combatting the gender-based violence (GBV) pandemic in South Africa. Terrence Manase, Kubayi’s spokesperson, told threestreamsmedia, “Making the registry publicly accessible would not only help prevent repeat offenses but also serve as a strong deterrent to potential perpetrators, discouraging them from committing such crimes.”
Accountability is crucial
However, ensuring that sex offenders remain unidentified in their communities is a key concern.
BUILD One South Africa (Bosa) leader Mmusi Maimane told the Daily Sun that the party plans to invoke the Protection of Personal Information Act (POPIA) Act to request the register be made public under an override in Section 46 of POPIA. This refers to releasing information in accordance with “public interest”.
The NGO Women For Change which devotes itself to combating GBV in South Africa, was disappointed but not surprised about the delay as the timeline was completely unrealistic. The founder, Sabrina Walters, said, “Making the NRSO public is a step forward, but it’s not enough. Accountability is crucial, but without stricter laws, proper funding, less corruption and justice reforms, perpetrators will continue to walk free while women and children remain at risk.”
Transparency needed
Transparency is also needed to ensure the safety of higher education students. Daniel Selamolela, student judicial officer and pro forma prosecutor at the NWU, explained that public access to the NRSO could lead to a safer environment on campus. Selamolela said students would be deterred from committing sexual offences, because if found guilty, they will not be able to hide anymore.
He said that the NWU views sexual offences in a serious light. Disciplinary action was taken against perpetrators in six of a total of seven cases reported in 2023/24. The seventh case was dropped.
The release date of the NRSO is not yet known. However, Manase said Kubahi “remains committed to safeguarding children and vulnerable persons by ensuring the NRSO is accessible in a lawful and responsible manner.”