EZULWINI – Government is set to operationalise the National Register for Sex Offenders by recruiting a registrar to administer the system.
The announcement was made at the conclusion of a sensitisation workshop on the African Union Convention on Ending Violence against Women and Girls held at SibaneSami Hotel yesterday.
Director of Gender and Family Issues in the Deputy Prime Minister’s Office, Nomzamo Dlamini, said government had already begun implementing the outstanding provisions of the Sexual Offences and Domestic Violence Act, 2018.
She said consultations had been held with the Ministry of Public Service and other relevant stakeholders regarding the recruitment of the registrar, who will be responsible for administering the register.
“We will soon advertise the position for a suitable and qualified candidate to apply,” Dlamini said.
The establishment of the National Register for Sex Offenders is provided for under Part X of the Sexual Offences and Domestic Violence Act, 2018, which requires government to establish the register and appoint a registrar responsible for maintaining it.
The law further provides that the register shall contain particulars of persons convicted of offences under the Act and be maintained for purposes set out in the legislation.
Although the law came into force in 2018, the register has never been operationalised.
The development comes as prosecutors continue to seek tougher measures against perpetrators of sexual offences.
In several sexual offences charge sheets, it is stated that, upon conviction, the Crown would apply that the names of the accused individuals be entered into the National Register for Sex Offenders, in line with the provisions of the Act.
However, because the register has not yet been operational, the implementation of those provisions has remained outstanding.
Once established, the register is expected to ensure that every person convicted of offences covered by the Act is formally recorded in accordance with the law.
The Sexual Offences and Domestic Violence Act provides that the register is intended to assist in protecting children and other vulnerable persons by keeping an official record of convicted sexual offenders.
Internationally, sex offender registers are widely regarded as an important safeguarding mechanism rather than an additional form of punishment.
In countries such as South Africa, the United Kingdom, Canada and Australia, authorised employers and institutions responsible for the care of children and vulnerable persons may, in prescribed circumstances, verify whether a prospective employee or volunteer has been convicted of sexual offences.
One of the purposes is to prevent convicted offenders from occupying positions where they could have direct access to children or other vulnerable members of society.
Many national sex offenders’ registers are confidential and are only accessible to authorised officials or institutions authorised by law.
Stakeholders who attended the workshop welcomed government’s decision to finally implement the register, saying it would strengthen the country’s fight against sexual offences.
Hhukwini Member of Parliament Alec Lushaba said the delay had created a perception that the Sexual Offences and Domestic Violence Act contained gaps when, in fact, one of its key provisions had simply never been implemented.
“The law was enacted, but some of its important provisions have remained dormant for years,” he said.
Lushaba said the absence of the register had deprived authorities of a mechanism for maintaining a central record of convicted sexual offenders.
He said once operational, the register would strengthen efforts to identify repeat offenders and support institutions responsible for protecting vulnerable members of society.
Referring to the ongoing criminal proceedings involving Pastor Nkosingiphile Zwane, who is facing charges that include rape and murder, Lushaba said the country needed effective systems capable of identifying individuals convicted of serious sexual offences before they occupied positions of trust.
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