Reply by Minister of Justice and Constitutional Development J Radebe on questions posed in the National Assembly for written reply

Question no: 725

Mr M H Hoosen (ID) to ask the Minister of Justice and Constitutional Development:
(1) What, with reference to the reply by the Minister of Basic Education to Question 288 on 13 July 2009, is the cause of the delay in capturing the particulars of persons convicted for sexual offences against a child onto the Register of Sex Offenders;
(2) when does he envisage the register to be fully operational?

Reply:

(1) The operation of the National Register for Sex Offenders commenced on 30 June 2009. The Register will be operationalised in phases.

The National Register for Sex Offenders will record the names and details of all the people who committed sexual offences against a child or a person who is mentally disabled before or after the commencement of this chapter. These will include offences committed in or outside the Republic. It will also include the names of persons whether they are appointed in the public or private sectors.

As from 30 June 2009, court orders are being captured onto the National Register for Sex Offenders, as the court orders are made and submitted.

Regarding historical convictions, the records of various government departments, including the South African Police Service's Criminal Record Centre regarding criminal convictions; the Department of Correctional Services regarding sentenced offenders and the Department of Health regarding persons who are alleged to have committed sexual offences against children or mentally challenged, but who were declared as State Patients in terms of section 77 and 78 of the Criminal Procedure Act, 1977, are being scrutinised, to ensure the inclusion of the relevant offenders' names, onto the National Register for Sex Offenders.

(2) Considering the development stages of the interface between the departments, some processes are still being conducted manually. Hence, that all systems are not automated does pose a challenge.

Issued by: Department of Justice and Constitutional Development
7 September 2009

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