The government is currently unable to ascertain the number of civil servants listed in the National Register for Sex Offenders.

This startling revelation emerged when Justice and Constitutional Development Minister Mmamoloko Kubayi responded to questions regarding the verification process for public sector employees.

Build One South Africa Deputy Leader and MP Nobuntu Hlazo-Webster had wanted to know the number of civil servants on the national register, and asked to be furnished with the breakdown per department, job category, and province.

In her response, Kubayi clarified that the register does not disclose information in terms of profession, gender, or specific employment. “Every convicted sex offender is included in the register by virtue of a sexual offence committed,” she said.

“The total number of individuals who are currently employed in the public sector that are listed on the National Register for Sex Offenders cannot be determined.,” Kubayi explained.

Complicating the matter, Public Service and Administration Minister Mzamo Buthelezi stated that his department does not manage or access the national register, which falls under the custodianship of the Department of Justice and Constitutional Development.

Responding to BOSA Leader Mmusi Maimane on the total number of civil servants on the register, Buthelezi said the role of his department was restricted to guiding employment policy to departments.

“Departments, as employers, are responsible for verifying employment suitability during recruitment and managing compliance with disciplinary and ethical standards for current employees,” he said.

“The identification and management of individuals listed on the register, such as knowing who they are, where they are employed, and in what capacity, rests with departments in accordance with their delegated authority and human resources responsibilities,” Buthelezi said.

Despite the gaps in oversight, Basic Education Minister Siviwe Gwarube provided an update on the status of vetting within the education sector.

She revealed that provinces have received 35,800 certificates from the National Register for Sex Offenders, out of approximately 84,000 applications submitted as at April 30.

“While progress is being made in this regard, provinces have raised challenges, particularly related to limited capacity within the Department of Justice and Constitutional Development and the South African Police Service, which may have contributed to the delays.”

It was reported in April that out of a total of 405,738 teachers employed by provincial departments, 78,509 (19%) have been vetted against the National Register of Sexual Offenders by the end of March.

Gwarube said her department remained committed to ensuring that no person deemed unsuitable to work with children was employed within the basic education sector.

“Through continuous monitoring and stronger interdepartmental collaboration, the Department of Basic Education will work to ensure that the safety, dignity, and well-being of all learners are protected,” she said.

Responding to DA MP Delmaine Christians, Gwarube said her department did not have currently detailed information regarding the number of cases of sexual abuse or harassment committed by teachers or staff employed at provinces during the past three academic years.

“This information resides with the relevant employers,” she said, referring to the heads of provincial departments, school governing bodies, and owners of independent schools.

Gwarube said it was the responsibility of the employer to ensure that appropriate disciplinary action was taken against employees who engaged in sexual abuse or harassment.

“This question falls under the executive authority of the Members of the Executive Council for the nine provincial Education departments. The member is kindly requested to refer the question to the respective MECs.”

However, Gwarube said her department will request all the provincial departments and the South African Council for Educators to provide the information requested.

“This information can be provided once received.”

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

Kubayi previously said they were advocating for amendments to the confidentiality and disclosure clauses of the Sexual Offences and Related Matters Act with the goal of making the register publicly accessible.

“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.”

mayibongwe.maqhina@inl.co.za

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