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Saturday, March 1, 2025

Confidentiality concerns delay public release of National Register for Sex Offenders

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The release of the National Register for Sex Offenders will not go ahead, just yet. 

The Ministry of Justice and Constitutional Development on Saturday said the list was meant to be made public by the end of February; however, due to legal rules about confidentiality in the Sexual Offences Act, this can’t happen yet. 

“The Ministry has identified the need to review the legislation to enable key reforms, particularly regarding confidentiality and disclosure provisions that currently restrict public access,” said spokesperson, Terrance Manase.

He explained that the Ministry plans to review the laws to allow changes, particularly regarding confidentiality, which currently prevent public access.

The Minister of Justice, 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.

“While a specific timeline has not yet been set, the Minister remains committed to making the register public as soon as possible, in a legally compliant manner, meeting all necessary regulatory and legal requirements. A consultation process has started with experts and relevant groups, working with the Information Regulator to ensure privacy laws are followed,” Manase said. 

While there’s no exact timeline given, Manase said the Minister is committed to releasing the register as soon as it’s legally possible.

Two phased approach

In the meantime, and to ensure progress, the Minister has directed the department to adopt a phased approach to making the register more accessible to key stakeholders most affected by the challenge of sexual offenders:

Phase one will prioritise access for institutions working with children, such as schools, early childhood development centers, and child-focused organisations. This will ensure swift and responsible access to necessary information while protecting personal data.

Phase two will be expanding access to general employers to support safer hiring practices while maintaining legal safeguards for personal information.

Manase said once the laws are reviewed and everything is ready, the Ministry will officially announce when the register will be made public.

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