Tracy-Lynn Ruiters|Published
The Justice Department has confirmed that work is underway on a draft Bill that could address wider access to the National Register for Sex Offenders, as police portfolio committee chairperson Ian Cameron’s 30-day campaign to publicly identify convicted offenders reaches its halfway point.
Cameron launched the campaign earlier this month, undertaking to publish the photograph, name, verified conviction and sentence of at least one convicted adult sexual offender every day, using public court records.
Among those highlighted are offenders notorious for crimes against women and children, including Mortimer Saunders, convicted of raping and murdering three-year-old Courtney Pieters, and Leano Vergotine, who was convicted on charges including rape, sexual grooming of children and offences involving child sexual abuse material.
Justice Department confirms work on draft Bill
The campaign has renewed questions about why ordinary members of the public cannot directly search the National Register for Sex Offenders (NRSO).
In response to questions from the Cape Argus, the Department of Justice and Constitutional Development confirmed that proposed legal changes were being worked on.
“The Department can confirm that work is currently underway with the draft Bill, however as things stand it would be inopportune for the Department to comment on the access model or any of the other related questions until the Bill has been finalised and approved,” the department said.
Under the current law, the NRSO remains confidential.
Schools, crèches, hospitals and other employers or organisations working with vulnerable people can apply for prescribed checks, but ordinary parents and members of the public cannot simply enter a name and search the register.
What the current NRSO access rules allow
Government has previously acknowledged that the law needs to change before broader access can be introduced.
Cameron’s campaign does not use confidential information from the NRSO, but instead relies on convictions already contained in public court records.
“For too long South Africans have learnt the names of women and children after it was too late to protect them,” Cameron said when launching the campaign.
“It is time we also know the names of the people our courts have convicted of committing these crimes.”
Dr Shaheda Omar of the Teddy Bear Clinic said she supported greater, carefully regulated access, but warned against allowing public protection to become public punishment.
“The purpose of a sex-offender register must be to prevent further harm, not to create a digital form of vigilantism,” Omar said.
A person who does not appear on the register is not necessarily safe, she said, because the register only reflects convictions and cannot capture abuse that was never reported, investigated or successfully prosecuted.
Campaign raises questions about child protection
Ilitha Labantu spokesperson Siya Monakali said the organisation supported calls for greater public access to the NRSO, but warned that any attempt to publicly identify convicted offenders had to remain within the law.
He said the renewed debate raised a broader question about whether existing mechanisms intended to protect children were accessible and effective enough for families and communities.
Monakali said access to verified information could improve decision-making and strengthen safeguarding in schools, childcare facilities, community organisations and homes.
But, like Omar, he warned that opening the register would not eliminate the threat of sexual abuse.
“The register can only identify individuals whose offences have resulted in convictions. It cannot account for the many cases of sexual abuse that remain unreported, those that do not progress through the criminal justice system, or perpetrators who have never been convicted,” Monakali said.
He said broader access should therefore form part of a larger child-protection system that included better policing, effective reporting mechanisms, background checks, timely investigations, prosecution and public education.
Monakali also warned that publicly naming offenders could sometimes indirectly identify survivors, particularly in close-knit communities.
He said any future disclosure system should use verified information, protect survivors, allow incorrect information to be corrected and guard against harassment, intimidation and vigilantism.
Ultimately, Monakali said, the success of the register should not be measured by how many names were made public, but by whether it actually prevented further offences and protected vulnerable people.
Omar echoed that sentiment.
“Ultimately, child protection is not about revenge against perpetrators. It is about creating an environment in which children are safer. That must remain the compass for any reform of the NRSO.”