LEGAL ADVICE
Nadia Khan|Published
THE Department of Justice and Constitutional Development has yet to set a date for public access to the National Register of Sex Offenders (NRSO), saying legislative changes are needed to balance public safety with constitutional rights and privacy protections.
Palesa Rammitlwa, spokesperson for the Ministry of Justice and Constitutional Development, said the department remained committed to ensuring that the NRSO fulfilled its statutory purpose of protecting vulnerable people.
“The department has obtained legal advice on the question of public access to the NRSO. The advice confirmed that the register cannot simply be made publicly accessible outside the existing legislative framework, particularly given the statutory confidentiality provisions applicable to information contained in the register, as well as constitutional and personal information protection considerations.
“The department has accordingly commenced a legislative process to consider and provide an appropriate legal framework for public access to the NRSO. This process is intended to ensure that any future model of public access is legally sound and appropriately balances the protection of vulnerable persons with constitutional rights, privacy and the statutory safeguards governing information contained in the register.
“At this stage, an implementation date for public access cannot be confirmed, as it is dependent on the completion of the legislative process and the requisite approvals. The department will communicate further developments, including the implementation arrangements, once the applicable legislative and administrative processes have been concluded,” she said.
Rammitlwa added that the department acknowledged the public interest generated by Ian Cameron's campaign.
“The department recognises the legitimate concerns of parents, caregivers, communities and civil society regarding the protection of children and other vulnerable persons from sexual offences. It has renewed public discussion about access to information concerning persons convicted of sexual offences and the role that such information may play in safeguarding vulnerable persons.
“However, the department's position is that any initiative involving the publication or dissemination of information about convicted persons should be undertaken within the applicable legal framework, with due regard to the accuracy and verification of information, the protection of victims' identities, privacy rights and the prevention of the misuse of personal information,” she said.