The national register of sexual offenders will not be published on Friday, the justice and constitutional development department has confirmed.
Earlier this month, minister Mmamoloko Kubayi announced plans for the register to be published at the end of February.
Her office, however, has on the eve of the deadline confirmed to Business Day the register would not be published.
“The publication in the manner the minister intended will not be possible tomorrow [Friday],” said department spokesperson Terrence Manase.
“The Sexual Offences and Related Matters Act includes confidentiality and disclosure provisions that prevent the register from being released as initially envisioned by the minister.”
Publishing of the register would have allowed the public access to the names of people convicted of sexual crimes — a move applauded by some of South Africa's civil organisations and parents, who felt it would have allowed them to check on the people they entrust with their children.
The register is now accessible only by authorities and employers to vet employees and ensure people convicted of sexual crimes do not work with children and vulnerable people.
Kubayi made her announcement before the department sorted out legislative processes regarding privacy and the constitutional rights of convicted criminals.
Manase said the department has started consultations to have some provisions of law amended to allow for publication of the register.
“A legislative review is necessary to enable critical reforms of the act, specifically addressing confidentiality and disclosure provisions,” he said.
For years there have been debates that publishing the register would infringe on the privacy of those convicted and their families.
“The minister recognises the timeline she envisioned must be carefully managed to ensure compliance with regulatory and legal requirements, including necessary amendments to the act and adherence to data protection safeguards under the Protection of Personal Information Act (Popia),” Manase said.
The minister is working with the office of the Information Regulator to ensure expanded access complies with data privacy laws, prioritising the protection of vulnerable individuals.
— Justice department spokesperson Terrence Manase
The department is scheduled to meet the Information Regulator on Thursday to discuss the matter, the regulator’s spokesperson Nomzamo Zondi told Business Day.
“The minister is working with the office of the Information Regulator to ensure expanded access complies with data privacy laws, prioritising the protection of vulnerable individuals,” Manase said.
Despite the minister’s blunder of announcing publication before the paperwork was done, Manase said she was committed to ensuring the process is done swiftly but responsibly.
“She receives regular progress updates from the department to ensure that this critical initiative remains a priority, with every effort made to strengthen the protection of South Africa's most vulnerable people.
“Though a specific timeline has not been set, the minister is committed to making the register public in a legally compliant manner, ensuring all necessary regulatory and legal requirements are met.”
Manase said the minister has directed the department to prioritise access for institutions working with children including schools, early childhood development centres and regulatory bodies such as the SA Council for Educators to support vetting processes.
“This is driven by the realisation that the application process is time-consuming and tedious,” he said.
“The minister has directed that these institutions have swift, responsible access to the information while ensuring legal protections for personal data.
“The minister remains committed to safeguarding children and other vulnerable persons.”
The law allows the department to grant access to employers with employees who work with children.
Previously, Dr Shaheda Omar from the Teddy Bear Foundation, an organisation offering healing services to children who have been abused, said publishing the register could spark mob justice in communities.
“Opening the register to the public may incite violence and mob justice if people feel they are not satisfied with the punishment the courts meted out,” said Omar.
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