WHY the South African sex offenders registry hasn't been published

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Publicising of the national sex offenders registry was supposed to take place on Friday 28 February 2025. However, making the list public was delayed due to ‘confidentiality provisions’. This is in accordance with the Sexual Offences and Related Matters Act. However, Justice Minister Mmamoloko Kubayi did reveal the number of entries in the list at least. It has come to light that there are 32 557 criminals on the sex offenders registry, with a further 10 456 pending in the courts, reports TimesLive.

The national register was established in 2007 under the Sexual Offences and Related Act. However, despite its critical role in protecting the vulnerable in a country rife with Gender Based Violence (GBV), the register remains inaccessible to the public. Its sole purpose is to prevent these offenders from working in environments where they would have access to vulnerable individuals. As such, the register contains offenders’ names, physical addresses, identity numbers, and the nature of their offenses. However, the missed deadline is raising concerns about its effectiveness.

NATIONAL SEX OFFENDERS REGISTRY

Worryingly, the sex offenders registry doesn’t even count assaults on women. Image: File

Build One South Africa (BOSA) Deputy, Nobuntu Hlazo-Webster, believes 32 000 is too low and does not accurately reflect the entire sex offenders registry in South Africa. “We know that South Africa has a low reporting and conviction rate, but we cannot accept that only 32 000 names appear on the register. Given the range of crimes covered by the act, we question whether all qualifying offenders have been added. South Africa faces one of the highest rates of gender-based violence (GBV) and sexual crimes globally, yet the current numbers are unexpectedly low,” said Hlazo-Webster.

Therefore, the party has approached the National Prosecuting Authority (NPA) to request data on convictions in the past 10 years. BOSA has campaigned hard for the NSOR to be made public. And it has a 20 000-people signed petition. Moreover, reports that the database is wildly incomplete have been circulating for years now. The Department of Justice acknowledged back in 2019 that the register contained only 20 000 names, a fraction of convicted sex offenders in the country.

WHY IS IT NOT ALREADY PUBLIC?

Where to next for the National Register of Sex Offenders? Image: File

Unlike similar registers in countries like the United States, South Africa’s sex offenders registry is listed as inaccessible for the following reasons:

The South African justice system operates on the principle that offenders who have served their sentences should be allowed to reintegrate into society. Therefore, making the register public could permanently stigmatise them.
Valid concerns about vigilante justice. Due to limited faith in law enforcement in the country, making public offenders’ details could lead to community-administered punishment.
Finally, the Protection of Personal Information Act (POPIA) in South Africa protects all personal information, including those of a convicted criminal.

GBV CRISIS

Statistics from the SAPS indicate that 40% of South African women will experience sexual violence in their lifetime. Image: File

Unfortunately, South Africa faces one of the world’s highest GBV rates. Police statistics indicate that 40% of South African women will experience sexual violence in their lifetime. Against this backdrop, the limitations of the sex offenders registry seems glaringly obvious. Communities cannot identify potential threats in their neighbourhoods. Parents have no way of knowing if a neighbour or community member has a history of sexual violence, leaving children potentially vulnerable to repeat offenders.

Nevertheless, “My department must strike a balance between privacy and public safety. An engagement with legal experts, institutions and the Office of the Information Regulator will ensure all necessary safeguards are in place before publishing the NSOR,” Kubayi said.