African

The open publication of the National Register for Sex Offenders will further tighten the noose on sexual offenders and aid in the fight against gender-based violence in South Africa.

This is according to Justice and Constitutional Development Minister, Mmamoloko Kubayi, who delivered remarks during the debate of the State of the Nation Address (SONA) on Tuesday.

Currently, the National Register for Sex Offenders is not open to the public but is available for the public and private sector, through application, to vet whether someone is suitable to work with children and other vulnerable groups.

“We believe that keeping the register from the public has allowed offenders to commit the same offence repeatedly, causing untold harm to children and other vulnerable groups.

“In this regard, we are advocating for amendments to the confidentiality and disclosure clauses of the Sexual Offences and Related Matters Act, with the goal of making the National Register for Sex Offenders publicly accessible,” she said.

The minister emphasised that the release of the register will be done as soon as compliance checks have been completed.

“We have initiated a multi-stakeholder consultative process engaging key experts and institutions to facilitate compliance with the aim of releasing the register as soon as possible. 

“[We] will issue a directive to give access to the register for institutions working directly with children, including schools, crèches, and regulatory bodies like the South African Council for Educators,” Kubayi said.

National crackdown on GBVF

During the release of crime statistics in November 2024, it was revealed that more than 10 000 rape and 1 839 sexual assault cases were reported to the police between July and September of the same year.

The statistics also revealed that some 957 women were murdered, with at least 1567 being victims of attempted murder.

A further 315 children 315 murdered over the same period.

Kubayi vowed that government will “continue to increase the efforts to protect communities that have to cope with terrifying degrees of pain which arise from gender-based violence and femicide  (GBVF)” through courts and other legislative means.

“[Courts] are empowered to impose tougher sentences in cases of murder of children, as well as in femicide or domestic homicide cases. This includes cases of attempted murder. Convictions of Rape or compelled rape cases perpetrated in domestic relationships now attracts life imprisonment as well as the rape or compelled rape of a child under the age of 18 years.

“Convictions of gang and serial rapes also attract life imprisonment sentence. In the previous financial year, the National Prosecuting Agency [NPA] reported an increased conviction rate from 77.1% to 78% in all sexual offences matters channelled through the Thuthuzela Care Centres and a 72.5% conviction rate by all regional courts nationally.

“During the same period, 221 life imprisonment sentences were imposed in all sex crimes finalised with a verdict and processed through the Thuthuzela Care Centres nationwide,” the minister said.

The department has already announced that some 100 district courts will be upgraded to offer services that are custom-made for survivors of domestic violence.

Additionally, a 100-day challenge has been initiated to reduce and ultimately clear the backlog of domestic violence, sexual offences, maintenance and divorce matters.

However, Kubayi emphasised that the government cannot tackle the scourge of GBVF alone. 

“[There are] still a number of victims who get discouraged and drop cases after reporting the crime. We need to work together as a society to create a society that is safe for women, children, people with disability and the Queer community.

“We shall not compromise on protecting the rights of all South Africans. We are all equal before the law. However, government alone will not be able to build a just society, we need a whole of society approach to fighting crime, GBVF and any other injustice,” Kubayi said.

During the State of the Nation Address last week, President Cyril Ramaphosa announced the promulgation of the National Council on Gender-Based Violence and Femicide Act to establish a “national structure to oversee a coordinated response” to the national GBVF crisis.

“We will ensure that the Council is fully functional and properly resourced. 

“We continue to strengthen support to victims of gender-based violence. There are now 65 Thuthuzela Care Centres across the country. Out of 52 districts in the country, 44 have GBV shelters. All police stations in the country have victim friendly services, and another 16 sexual offences courts will be established in the next financial year.

“We will continue to work across society to end the violence that is perpetrated against women,” President Ramaphosa said. – SAnews.gov.za