Mmamoloko Kubayi, has initiated a multi-stakeholder consultative process, engaging experts and relevant institutions while working closely with the Office of the Information Regulator to ensure compliance with data privacy laws.
Image: IOL
The Ministry of Justice and Constitutional Development's recent decision to delay the public release of the National Register for Sex Offenders (NRSO) has sparked outrage among activists and civil society groups.
They argue that the move prioritises the rights of offenders over the safety and dignity of survivors.
The government has justified the delay by citing confidentiality provisions in the Sexual Offences Act, but critics contend that this undermines the urgent need to protect vulnerable groups from repeat offenders.
The NRSO is intended to be a crucial tool in safeguarding women and children from sexual predators, particularly given South Africa’s ongoing crisis of gender-based violence (GBV).
The register is designed to make public the identities of convicted sex offenders, allowing communities, schools, and institutions to protect themselves from known threats.
However, despite earlier promises by the Minister of Justice Mmamoloko Kubayi, to release the register by the end of February 2025, the public disclosure has been postponed indefinitely as the Ministry seeks further legal advice on the matter.
Ilitha Labantu, a prominent organisation focusing on children’s and women’s rights, has strongly condemned the Ministry’s decision.
Siya Monakali, a spokesperson for the organisation, described the delay as a betrayal of survivors. “By withholding this information, the justice system is failing to fulfil its duty to protect communities from known sexual predators,” Monakali stated.
Mmamoloko Kubayi.
Image: File
“Survivors of sexual violence already live with lifelong trauma, and now they are being further harmed by a system that protects the perpetrators.”
Monakali argued that the NRSO is not only a tool for accountability but also a preventative measure that could deter potential offenders from committing sexual crimes.
He highlighted that the government’s commitment to transparency and accountability is undermined when legal technicalities are allowed to take precedence over the rights of victims.
Linda Jones, a member of a court-watching brief that tracks crimes against children and vulnerable persons, echoed these concerns, stressing the long-term trauma suffered by sexual violence survivors.
“A sexual offence victim lives a life of trauma, and often, the offenders are protected by law,” Jones lamented.
“The delay in releasing the register is a continuation of a pattern where the legal system often shields offenders at the expense of the victims.”
In response to the delay, political party, Build One South Africa (BOSA), has taken legal action to demand access to the NRSO.
Roger Solomons, a representative from BOSA, announced that the party is invoking the Promotion of Access to Information Act (PAIA) to request the register under the “public interest” override in Section 46 of the Act.
This provision allows for the release of otherwise protected information if the public interest in disclosure outweighs the harm in releasing it.
Solomons stressed that the continued secrecy surrounding the NRSO is unacceptable, particularly in light of the high rates of GBV and sexual violence in South Africa.
“The public interest in protecting future victims of sexual abuse far outweighs the privacy concerns of convicted offenders,” Solomons stated.
“We will not allow this process to be delayed any further.”
BOSA’s petition calling for the NRSO to be made public has gathered nearly 20,000 signatures, reflecting widespread public support for the release of the register.
tracy-lynn.ruiters@inl.co.za
Weekend Argus
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