Question 1 - Minister on the NDPP recommendation of the suspension of a person implicated in State Capture
As per the response from the President on Question 2091 to Honourable member Athol Trollip, the President is processing the matter and once finalised, the President will communicate the way forward.
Question 2 - Minister on the efforts to make the Sex Offenders Register public
As I assumed office, I held a meeting with my team to discuss our efforts in combating gender-based violence and femicide (GBVF). It became clear that various interest groups were advocating for the release of the National Register for Sex Offenders (NRSO) to protect vulnerable individuals, combat reoffending, promote accessibility, and create a victim-centric justice system—an approach I fully support.
One of the key concerns raised was the accessibility of the NRSO. Several NGOs have reported that gaining information from the NRSO is a slow and frustrating process. Ordinary South Africans and parents have no way to easily check if the people they trust with their children have a history of sexual crimes. In a privately held NRSO, perpetrators and repeat offenders remain hidden risking the lives of innocent children. In response, I agreed with my department that the register should be released in phases to address inefficiencies in the current system.
At present, the process is tedious; interested groups must apply and endure lengthy waiting periods to obtain information or a certificate of information. Additionally, the confidentiality clause under Section 52 makes it illegal to publish any details from the register. However, we cannot prioritize the rights of perpetrators over those of victims. I hope that when we return here, members of Parliament will support this initiative. I remain steadfast in my commitment to moving swiftly yet responsibly to achieve this goal.
Question 3 - Minister on the reopening of the inquest into the brutal murder of the Cradock Four and healing the injustices of the past
The preamble of constitution says among other things that “We, the people of South Africa, Recognise the injustices of our past and Honour those who suffered for justice and freedom in our land. It further commits all of us that we need to “Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights”. Dealing with the matters of the TRC is fundamentally about healing the injustices of the past. It is our responsibility to do whatever is within our power and capability to ensure that the victims who suffered the pain of loss of their loved ones get justice, the truth about what happened to their loved ones and closure.
The inquest into the brutal murder of the Cradock four Mr Matthew Goniwe, Mr Sparrow Mkhotho, Mr Fort Calata and Mr Sicelo Mhlauli by the security forces of the apartheid government is receiving our utmost attention. The NPA has been liaising with the families and legal representatives since early 2023. During 2023, the legal representatives and families of the Cradock four were consulted and informed of the decision by the DPP, EC Mr Madolo to reopen the inquests into the deaths of the Cradock four. The decision was supported by the legal representatives and the families.
When it came to my attention that the inquest was delayed as a result of the inability of some of the victims to secure financial support, I immediately instructed the Department to make resources available so that the inquest can proceed on the 2nd of June 2025.
Through the Legal Aid South Africa we have made resources available to support the victim family with legal representation. Given our interest in seeing justice prevail for the victims and for this situation not to repeat, we are reviewing the funding regulations of the Legal Aid South Africa to allow for funding of the TRC identified victims of apartheid. The inquest is scheduled to commence on 02 June 2025 and is set down for 3 weeks. As this is a court process, we cannot determine the timeframe for the conclusion of the inquest.
Question 4 - Minister on the rolling out of places of sitting (formerly circuit courts) in correctional facilities
Yes. I will engage with the Minister of Correctional Services and my other colleagues in the Justice, Crime Prevention and Security Ministers Cluster to ensure the effective coordination and implementation of projects and systems that aim to address the issues raised by the Honourable member. As there are no “circuit courts’ in correctional centres, I assume that the Honourable member is referring to the Audi-Visual Remand (AVR) facilities that have been installed in the Goodwood Correctional Centre and other centres throughout the country. These AVR facilities link the Magistrates Courts with a Correctional Centre and reduces administrative processes, expenses and security challenges in transporting and processing of accused persons remanded in custody when used effectively and optimally.
I am informed that the AVR facilities are not currently used optimally and that from a practical point, the Department of Correctional Services will need to procure more AVR equipment. For an example, currently, the Correctional Centre will only have one AVR facility and it is not possible for more than one Magistrate Court to use the facility concurrently to process detainees in that Correctional Centre and as a result, the Magistrates Courts need to make use of the facility on alternative days. Clearly, there is a still a room for improvement.
I want to assure the Honourrable member that the Department of Justice and Constitutional Development, together with the Department of Correctional Services and other relevant Cluster departments will increase our efforts in the roll out of additional AVR facilities during the coming financial year.
Question 5 - Minister on the further clarity in respect of making the National Sex Offenders Register public
(1) Yes, the list being referenced is the National Register of Sex Offenders (NRSO), which was established in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007.
(2) Currently Section 52(3)(4) Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007 prohibits and criminalises the disclosure or publication of any information contained in the register except when required to do so by any competent court or for the purpose of giving effect to the provisions of the Act. To strike a balance between privacy and public safety, my department has initiated a consultative process involving legal experts, institutions, and the Office of the Information Regulator. This engagement will ensure that all necessary safeguards are in place while prioritising the safety of children and vulnerable persons. To move forward in a responsible and effective manner, I have directed my department to adopt a phased in approach with the first being the review process. Phase two entails a directive to give access to the register for institutions working directly with children, including schools, Early Childhood Development (ECD) Centres, and regulatory bodies like the South African Council for Educators (SACE).
(3) Any offence in terms of chapter 2, 3,4 and Section 55 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007 and any offence in chapter 2 of the Prevention and Combatting of Trafficking in Persons Act, 7 of 2013 which was committed for sexual purposes.
(3) The number of people who will be on the register on the day of publication is unknown as the register is regularly updated with new entries. Currently the register has 32 557 convicted sex offenders and with potential entries of 10 456 that are still pending at various courts.
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