SKWEYIYA ADCJ whether committed before or after the commencement of this Chapter, whether committed in or outside the Republic, and whose particulars have been included in the Register, may not— (a) (b) be employed to work with a child in any circumstances; hold any position, related to his or her employment, or for any commercial benefit which in any manner places him or her in any position of authority, supervision or care of a child, or which, in any other manner, places him or her in a position of authority, supervision or care of a child or where he or she gains access to a child or places where children are present or congregate; (c) be granted a licence or be given approval to manage or operate any entity, business concern or trade in relation to the supervision over or care of a child or where children are present or congregate; or (d) become the foster parent, kinship care-giver, temporary safe care-giver or adoptive parent of a child.‖ [22] An employer, as defined in the Sexual Offences Act,16 may not employ a person who is listed on the Register.17 A licensing authority18 may not grant a licence 16 ―Employer‖ is defined in section 40 of the Sexual Offences Act as— ―(a) any— (i) department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or (ii) other functionary or institution when exercising a power or performing a duty in terms of the Constitution of the Republic of South Africa, 1996, or a provincial constitution or exercising a public power or performing a public function in terms of any legislation, which— (b) (aa) employs employees who, in any manner and during the course of their employment, will be placed in a position to work with a child or in a position of authority, supervision or care of a child or will gain access to a child or places where children are present or congregate; or (bb) employs employees who, in any manner and during the course of their employment, will be placed in a position to work with a person who is mentally disabled or in a position of authority, supervision or care of a person who is mentally disabled or will gain access to a person who is mentally disabled or places where persons who are mentally disabled are present or congregate; or any person, organisation, institution, club, sports club, association or body who or which, as the case may be— (i) employs employees who, in any manner and during the course of their employment, will be placed in a position of authority, supervision or care of 13