SKWEYIYA ADCJ
Legal provisions
[20] Chapter 6 of the Sexual Offences Act provides for the establishment of the
Register which is to include—
―particulars of persons convicted of any sexual offence against a child or a person
who is mentally disabled or are alleged to have committed a sexual offence against a
child or a person who is mentally disabled and who have been dealt with in terms of
section 77(6) or 78(6) of the Criminal Procedure Act, 1977, whether committed
before or after the commencement of this Chapter and whether committed in or
outside the Republic‖.13
The purpose of the Register is to protect children and persons with mental disabilities
from coming into contact with sex offenders by informing relevant employers,
licensing authorities and childcare authorities that a particular person is listed on the
Register.14
[21] A number of adverse consequences flow from having one‘s particulars15
entered on the Register. Section 41(1) of the Sexual Offences Act provides:
―A person who has been convicted of the commission of a sexual offence against a
child or is alleged to have committed a sexual offence against a child and has been
dealt with in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977,
13
Section 42(1).
14
Section 43. See Teddy Bear Clinic for Abused Children and Another v Minister of Justice and Constitutional
Development and Another [2013] ZACC 35; 2014 (2) SA 168 (CC); 2013 (12) BCLR 1429 (CC) (Teddy Bear
Clinic) at para 57.
15
Section 49 requires that the following details of the offender are recorded, amongst others: their title and full
name; profession or trade; last known physical address, postal address and any other contact details; identity
number, passport number and driver‘s licence number; the sexual offence of which the person is convicted; the
sentence imposed; the date and place of conviction; prisoner identification number; the trial court and case
number; and other particulars as prescribed by regulation.
12
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