SKWEYIYA ADCJ persons are ―present‖. The potential breadth of the exclusion from work is extensive.24 [24] Further to this, an offender is obliged, under threat of criminal sanction, to disclose any previous sexual offences against children or persons with mental disabilities to an employer,25 licensing authority26 or childcare authority.27 On the face of it, it may be understood that convicted offenders are required in perpetuity to disclose the fact of their convictions to employers, licensing authorities and childcare authorities, even if they are no longer listed on the Register.28 [25] Once entered on the Register, a person‘s particulars may only be removed in limited circumstances.29 In terms of section 51(2), two circumstances exist in which a person‘s details may never be removed from the Register. This applies to persons sentenced to a period of imprisonment of over 18 months or who have two or more 24 Le Roux and Williams ―Sections 40-53: National Register for Sex Offenders‖ in Smythe and Pithey Sexual Offences Commentary: Act 32 of 2007 (Juta & Co. Ltd, Cape Town 2011) at 17-8 argue that the objects of the Sexual Offences Act suggest that a conservative approach is warranted to the interpretation of these provisions. However, the repetition of the aim to prevent ―access to‖ children and persons with mental disabilities in section 2(g) of the Act and the use of the words ―in any manner‖ in the definition of ―employer‖ makes clear the breadth of the intended exclusion from employment. 25 Section 46 of the Sexual Offences Act. 26 Id section 47(2). 27 Id section 48(2). 28 Le Roux and Williams above n 24 at 17-28 are of the view that by placing these obligations on employees and potential employees, the Legislature aims to cover those who are convicted but not captured on the Register. 29 Under section 51(1)(a)(iii) of the Sexual Offences Act, persons who are dealt with under sections 77(6) or 78(6) of the Criminal Procedure Act 51 of 1977 may apply to the Registrar to have their particulars removed after five years have lapsed since their recovery from mental illness and their discharge from any restrictions placed on them in terms of the Mental Health Care Act 17 of 2002. Those offenders sentenced to six or fewer months‘ imprisonment may apply to the Registrar to have their particulars removed after seven years following their release or the expiration of the period of suspension in terms of section 51(1)(a)(ii). For lesser sentences, a person may apply for removal after five years have lapsed since their inclusion on the Register (section 51(1)(b)). Offenders sentenced to a period of imprisonment between six and 18 months may apply to have their particulars removed only after 10 years following their release or after the period of suspension has lapsed (section 51(1)(a)(i)). 15