There needs to be a balance between protecting privacy and saving lives as South Africa debates publicising its sex offender registry
Human Rights Watch reports that South Africa “is estimated to have among the highest rate of rape in the world and an estimated femicide rate that is five times the global average”. Calls to have the National Register of Sex Offenders made public have increased because it is believed that publicising the list would be a step forward in the fight against gender-based violence and femicide (GBVF).
It seems this collective plea did not fall on deaf ears as, at the beginning of 2025, Justice and Constitutional Development Minister Mmamoloko Kubayi stated that the register would be made public before the end of February. But that was not the case due to legal issues.
The laws in question include the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, specifically, section 52, which emphasises confidentiality regarding the information on the registry, as well as stating that disclosing that information would be an illegal act subject to a conviction.
To get around this, the minister stated that her department had initiated a consultative process involving legal experts, various 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 people,” she said.
At the core of this hesitance to publicise the register is the issue of privacy. Making it public would violate offenders’ right to privacy as the public would be able to access their information. Because of this, the register is, and has always been private, with the exception of employers making applications to vet potential or current employees, especially those working with children.
Along with this hesitation is the quest to find the balance between upholding the offenders’ right to privacy and protecting vulnerable people, which is the aim of the register. While the right to life is absolute, the other can be waived under certain circumstances, and although this is subject to limitation, it should be clear which right, out of the two, should be prioritised.
An example of prioritisation of lives would be Megan’s Law in the US, enacted in 1996 after the abduction, assault and murder of seven-year-old Megan Kanka by a convicted sex offender who was living in the neighbourhood. Another is the 2006 Adam Walsh Child Protection and Safety Act, created after the abduction and murder of six-year-old Adam Walsh. The American public is able to access a website giving information about sex offenders who could be living among them in their communities.
While South Africans have been assured that publicising the registry will happen — it is just a matter of getting around the legal matters — citizens are growing weary, hoping
this is not another instance of denied justice as the number of lives claimed by GBVF keeps growing.
One thing South Africans have proved to have, transmitted across generations, is the tenacity to fight. Led by the NGO Women for Change, on 11 April 2025, a protest was held at the Union Buildings in Pretoria to deliver a petition with more than 150 000 signatures to Deputy Minister in the Presidency For Women, Youth and Persons with Disabilities Mmapaseka Steve Letsike. This petition, along with a memorandum, called for “declaring GBVF a national disaster”, emphasising the need to recognise this as the dire situation it is and the urgency for action.
In their attempt to find the balance between protecting offenders’ right to privacy and the right to life, Kubayi and her department must also work on the accuracy of the register, with the minister stating in March 2025 that it contained 32 557 convicted offenders and that there were 10 456 pending entries.
There have been questions regarding whether these figures are accurate, bearing in mind that South Africa has one of the highest rates of GBVF in the world. As Build One South Africa deputy leader Nobuntu Hlazo-Webster said, “It is imperative that we scrutinise this data to ensure that every convicted sexual offender is recorded and that the register serves its intended purpose of protecting potential victims.”
Livhuwani Malelelo is a freelance writer.