Justice and Constitutional Development Minister, Mmamoloko Kubayi announced that a public register of convicted sexual offenders and gender-based violence (GBV) perpetrators will be made public by March 2025.
Minister Kubayi announced this during her address at the Kgalema Motlanthe Foundation’s 365 Days Against GBV Awareness Campaign. This move aims to combat GBV and femicide.
As I got into the portfolio, one of the issues that has been reported was the need for us as a department to release the register, to make it public… for those who have been sentenced and convicted of gender-based violence, to protect our children. I have agreed that we will be able to release this, and my timeframe is before the end of February 2025, the register will be public.
Last year, a study conducted by the Association of School Governing Bodies (Nasgb) found that more than 16,000 teachers in South Africa have a criminal record. Offences include rape, murder, assault, theft, robbery, fraud, drug-related crimes, housebreaking and serious road infringements.
Following the release of the study, Action Society petitioned for the National Register for Sex Offenders to be made public. They expressed concern as many parents leave their young children at school believing it is a place of safety.
We trust these people not only to educate our children but to keep them safe, and now, even these institutions pose a risk to their safety and wellbeing.
Stakeholders Welcome Minister’s Decision
Juanita du Preez, spokesperson for Action Society believes that making the sex offender registry public is necessary to protect victims from predators.
Publishing the register for sexual offenders will be a big step in the right direction. Predators don’t deserve privacy.
Du Preez says while they hope people aren’t wrongfully convicted, they argue that South Africans must trust that the criminal justice system will work as it should.
If our criminal justice system is working as it should then we hope that people will trust that somebody will get their punishment as prescribed to us in a community according to the laws of the country and that we as individuals don't have to step in and punish someone for a crime that they did.
Effectiveness of Publishing The Registry
Research Prof Lisa Vetten says while the publication of the registry is well-intentioned, it is not the best measure to address the scourge of Gender-Based Violence in South Africa.
Vetten explains that only 9% of reported rapes result in convictions, meaning most offenders will not appear on the register. This is because many cases of sexual assault are often handled through disciplinary hearings rather than courts which could limit the register’s impact.
Many sexual offences might go through a university disciplinary tribunal, a workplace disciplinary hearing, or school disciplinary tribunals… those are matters where somebody might be found guilty but they will never end up on the sex offenders register.
Vetten suggested that instead of publishing the register, the government should improve law enforcement, court efficiency, and survivor support systems.
They also raised concerns about the legal framework for public access to the register.
The law says you may not disclose [information] except [to] people who are seeking information about those who are applying for jobs.
Vetten warned that the initiative might be ineffective without careful planning and legislative changes. "It might be much better to take this through on a longer-term basis and move more slowly and work from evidence that tells us what works and what doesn’t," said Vetten.
