The issuing of clearance certificates or verifying individuals for any purpose is not yet operational.
People applying for employment, entity registration or clearance certificates, are advised that, in addition to the acquisition of the SAPS clearance certificate, to also disclose to their employers (on affidavit) that they have never been convicted of a sexual offence against a child or a mentally disabled person. This is provided for in terms of Section 46(1), (2) and (3) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 32 of 2007. This affidavit, must be placed in the employee's file to be utilised at a future date once the Register becomes fully operational.
Applying for a Police Clearance Certificate
ALSO NOTE: Criminal Law (Sexual Offences and Related Matters) Amendment Act (32/2007): Order issued by the North Gauteng High Court, Pretoria in relation to section 48, GG 32850, Nr 1670, 29 Dec 2009
The cornerstone of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007 (SORMAA), is the National Register for Sex Offenders (NRSO). As part of curbing the prevalence of sexual offences in South Africa, the Department of Justice and Constitutional Development has, in terms of Chapter 6 of the Act, implemented the National Register for Sex Offenders on 30th June 2009.
National Register for Sex Offenders (NRSO) aims to stop the spate of incidents against children and mentally disabled people:
INQUIRY BY EMPLOYER TO THE NATIONAL CHILD PROTECTION REGISTER AND THE NATIONAL SEX OFFENDERS REGISTER
The National Child Protection Register -
In terms of section 126 of the Children’s Act, 2005 (Act 38 of 2005) employers offering services which allow for access to children must, before employing a person, establish from the Registrar of the National Child Protection Register whether or not the potential employee’s name is on Part B of the National Child Protection Register. If the potential employee’s name appears on the Register, he or she will not be allowed to work in an environment which allows for access to children, since persons whose names appear on the Register have been found unsuitable to work with children by the court.
In order to establish whether the person’s name appears in Part B of the Child Protection Register, the employer should complete a Form 29, which they can obtain from the Department of Social Development, and send it to CPRenquiries@dsd.gov.za. The contact number for the Registrar is 012 312 7554.
The National Sex Offenders Register - The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) have similar provisions providing for the National Sex Offenders Register which records the names of persons who have been convicted of charges of sexual offences committed against a child or a mentally disabled person. These persons are similarly not permitted to work with or have access to children or mentally disabled persons.
The employer should complete a Form 8 (Annexure B of the Regulations), which they can obtain from the Department of Justice and Constitutional Development. Ms Ntombizodwa Matjila is the Registrar of the National Sex Offenders Register and her contact details are as follows: email: NMatjila@justice.gov.za and telephone number 012 315 1656.
Q1. Is there a sex offender register, administered by the Department of Justice and Constitutional Development, in place as prescribed by the Sexual Offences Act?
Yes, there is a register used to record the details of all offenders who have been convicted of a sexual offence against children and mentally disabled persons. This is the database which is administered by the Department of Justice and Constitutional Development. This database is only accessible directly by the National Registrar for Sex Offenders and indirectly by the South African Police Service, the Department of Correctional Services, the Department of Health and the Department of Social Development.
Q2. What is the National Register for Sex Offenders?
The National Register for Sex Offenders is a database containing particulars of persons:
Q3. What is the purpose of the National Register for Sex Offenders?
It is to protect children and persons who are mentally disabled against sexual offenders by establishing and maintaining a record of persons who –
Q4. Who is responsible for the management of the National Register for Sex Offenders?
Q5. What type of information must be contained in the National Register for Sex Offenders?
Q6. Is the registration of an offender in the register a violation of the Bill of Rights?
No, the National Register for Sex Offenders complies with the Bill of Rights and the information contained in the register is treated with utmost confidentiality.
What Sexual Offences may be committed against children and persons who are mentally disabled?
- Compelled rape
- Sexual assault
- Compelled sexual assault;
- Compelled self-sexual assault
- Acts of consensual sexual penetration with certain children (statutory rape)
- Acts of consensual sexual violation with certain children (statutory sexual assault)
- Compelling or causing children to witness sexual offences, sexual acts or self masturbation
- Exposure or display or causing of exposure or display of genital organs, anus or female breasts to children
- Sexual exploitation of children and persons who are mentally disabled;
- Sexual grooming of children and persons who are mentally disabled;
- Exposure or display of or causing exposure or display of child pornography or pornography to children or persons who are mentally disabled;
- Using children or persons who are mentally disabled for pornographic purposes or benefiting there from.
Q7. Is the National Register for Sex Offenders accessible to the public?
Q8. May members of the public enquire about the details of entries (e.g. type of offence, date committed, sentences, etc.) or the movements of the sex offenders?
Q9. What is a clearance certificate?
Q10. How can a clearance certificate be obtained from the Registrar?
Q11. Is it possible to disclose or publish any information contained in the Register?
Q12. May members of the public, or school governing bodies, enquire whether an individual is in the Register?
Q13. What are the obligations of employees?
Q14. What are the implications of having one’s details added in the Register?
Q15. Once a person’s details are in the Register, can they be removed?
Q16. What must an employer do if a staff member’s name is on the register?
If an employer at any time finds out that the name of an employee appears in the register, the employer must move that employee to another post which will not bring the worker into contact with a child or a person who is mentally disabled. In the event this is not possible, the employer will be required to terminate the employment contract.
Q17. What does the register expect of employees?
Honesty! An employee found guilty of a sexual offence against a child or a person who is mentally disabled must tell an employer about the ruling. In terms of the Criminal Procedure Act, the employee must tell his/her new employer about the court decision when applying for a job. Not telling an employer about a court decision in respect of sexual offence could lead to one getting a fine or imprisonment, or both. A person who does not reveal that he/she has been found guilty of an offence and applies for permission to run a business or organisation working with children or mentally disabled persons is breaking the law.
Questions and Concerns?
We welcome your questions and comments. For more information about the National Register for Sex Offenders, please contact the Department of Justice and Constitutional Development.
The Registrar: Ms Ntombizodwa Matjila
Private Bag X81, Pretoria, 0001
Tel: 012 315 1656, E-mail: email@example.com OR
Mr Joseph Mogoshane (SLA, Tel 012 315 1998, Email: JMogoshane@justice.gov.za)
NRSO aims to stop spate of incidents against children and mentally disabled people