SA to Open National Sex Offenders Register to Combat Gender-Based Violence

Speaking during the debate of the State of the Nation Address (SONA) on Tuesday, Kubayi emphasized that this initiative will tighten the noose on repeat offenders and bolster protective measures for vulnerable groups.

In a decisive move to strengthen the fight against gender-based violence and femicide (GBVF), South Africa’s Justice and Constitutional Development Minister, Mmamoloko Kubayi, announced plans to make the National Register for Sex Offenders publicly accessible. Speaking during the debate of the State of the Nation Address (SONA) on Tuesday, Kubayi emphasized that this initiative will tighten the noose on repeat offenders and bolster protective measures for vulnerable groups.

Public Access to National Register for Sex Offenders

Currently, the National Register for Sex Offenders is restricted, accessible only through applications by public and private sector institutions to vet individuals working with children and vulnerable groups. Kubayi argued that this limited access has inadvertently enabled offenders to reoffend, causing significant harm.

“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,” Kubayi stated. “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.”

The minister assured that the release of the register will proceed once all compliance checks are finalized. A multi-stakeholder consultative process is underway, involving key experts and institutions to ensure full compliance with legal and privacy standards.

“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 added.

National Crackdown on Gender-Based Violence and Femicide

The announcement comes against the backdrop of alarming crime statistics released in November 2024. Between July and September 2024, over 10,000 rape cases and 1,839 sexual assault cases were reported to the police. Additionally, 957 women were murdered, and 1,567 were victims of attempted murder. Tragically, 315 children were also murdered during this period.

Kubayi reaffirmed the government’s commitment to intensifying efforts to protect communities afflicted by GBVF. Courts are now empowered to impose tougher sentences for crimes such as the murder of children, femicide, domestic homicide, and attempted murder.

“Convictions of rape or compelled rape cases perpetrated in domestic relationships now attract life imprisonment, as do cases involving the rape or compelled rape of a child under 18 years,” Kubayi noted. “Convictions for gang and serial rapes also attract life imprisonment.”

The National Prosecuting Agency (NPA) reported an increased conviction rate in sexual offences, rising from 77.1% to 78% in cases processed through Thuthuzela Care Centres. Nationally, regional courts achieved a 72.5% conviction rate in sexual offences. During the previous financial year, 221 life imprisonment sentences were imposed for sex crimes finalized through these care centres.

Enhancing Support for GBVF Survivors

The Department of Justice has announced plans to upgrade 100 district courts to offer specialized services for survivors of domestic violence. Additionally, a 100-day challenge has been launched to reduce and ultimately clear the backlog of domestic violence, sexual offences, maintenance, and divorce cases.

However, Kubayi stressed that combating GBVF requires collective societal effort. “There are still many victims who get discouraged and drop cases after reporting the crime. We need to work together as a society to create a safe environment for women, children, people with disabilities, and the Queer community,” she said. “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.”

National Council on Gender-Based Violence and Femicide

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

“We will ensure that the Council is fully functional and properly resourced,” Ramaphosa declared. “We continue to strengthen support for 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 have victim-friendly services, and another 16 sexual offences courts will be established in the next financial year.”

Ramaphosa concluded by reaffirming the government’s commitment to eradicating violence against women. “We will continue to work across society to end the violence that is perpetrated against women,” he said.