The National Register for Sex Offenders (NRSO) is still in a “legislative review process” after its release was halted in February to address the confidentiality and disclosure clauses that prevent public access, the ministry of justice and constitutional development said
The National Register for Sex Offenders (NRSO) is still in a “legislative review process” after its release was halted in February to address the confidentiality and disclosure clauses that prevent public access, the ministry of justice and constitutional development said.
Ministry spokesperson Terrence Manase noted that the Criminal Law (Sexual Offences and Related Matters) Amendment Act criminalises the disclosure of information on the register, with penalties including fines or imprisonment.
“In light of these limitations, the ministry has initiated a legislative review process to address the confidentiality and disclosure clauses that currently prevent public access,” said Manase.
This comes after Police Minister Senzo Mchunu disclosed in response to questions from the Build One South Africa (Bosa) party in parliament recently that only 245 members of the police service’s 180 000 workforce have been screened against the register. This amounts to fewer than one in every 700 officers being vetted for possible sexual offences.
Following Mchunu’s revelation, Bosa said it had written to the justice department requesting access to the sex offenders register, but this was denied.
“Government is hellbent on keeping [the register] under wraps,” Bosa spokesperson Roger Solomons said. “This register should be a tool for prevention, not a secretive ledger buried in bureaucracy.”
As of early 2025, the register contained more than 32 000 names, with more than 10 000 additional cases pending court outcomes. Public access remains restricted because of confidentiality clauses in the Criminal Law (Sexual Offences and Related Matters) Amendment Act.
The register was established in 2007 to track people convicted of sexual offences, particularly against vulnerable groups such as children and persons with mental disabilities.
It lists the name and personal details of the offender; their contact details; their ID, passport or license number; the type of sexual offence the offender was convicted of and against whom; the court where the trial took place; and the case number.
An email sent to Bosa by the registrar of the National Register for Sex Offenders committee, Ntombizodwa Matjila, said the party cannot access the register because of the confidentiality and disclosure of information in section 52 of the Promotion of Access to Information Act.
“Due to the legislative imperatives mentioned above, the register or any information contained in the NRSO cannot be disclosed under any circumstances,” Matjila wrote in the email, a copy of which the Mail & Guardian has seen.
The registry is only accessible to employers who work with children or mentally disabled people, as well as government departments and institutions responsible for child protection.
Employers are legally required to screen potential employees against the register before hiring them into such jobs.
Constitutional and data privacy experts say making the register public raises serious legal concerns. They note that it could infringe on rights to privacy and dignity under sections 14 and 10 of the Constitution, and may violate the Protection of Personal Information Act (Popia), which safeguards sensitive data.
“There are concerns regarding the potential impact on the families of perpetrators, especially their children, who may face stigma and backlash for crimes they did not commit. In addition, the NRSO cannot be considered sufficient as a standalone measure,” said Brigitta Mangale, a director in the pro bono and human rights practice at Cliffe Dekker Hofmeyr.
Legal experts at the Centre for Applied Legal Studies warned of risks such as defamation, vigilantism and wrongful listings, particularly without proper oversight or appeal mechanisms.
The NGO People Opposing Women Abuse says obtaining information from the register has been a slow and difficult process, often taking up to six weeks to receive a certificate regarding the outcome of an access request.
“Dealing with paperwork from government organisations is a very tedious process, which is usual, but when you have urgent cases like information relating to the registry, it does become difficult to wait,” said the organisation’s executive director, Fatima Shaikh.
With nearly 20 000 South Africans backing Bosa’s petition, the party is now considering a legislative amendment to make the register publicly accessible.
“This is about transparency, safety and accountability,” said Solomons. “We will not accept more delays in protecting South Africans — especially our children — from sexual predators.”
Manase said a definitive timeline cannot yet be provided but the justice department “remains committed to enabling public access to the register in a legally compliant manner”.
“Ultimately, the goal is to enhance the protection of vulnerable members of our society while ensuring transparency within the bounds of the law.”