By Lungile Ntimba
The Information Regulator has committed to submitting a detailed report to Justice and Constitutional Development Minister Mmamoloko Kubayi, outlining steps to ensure the publication of the National Register of Sex Offenders (NRSO) complies with the POPIA requirements.
This follows the minister’s decision to postpone the publication of the register due to legal concerns. The initial deadline for public release was scheduled for the end of February.
However, the minister identified the need to review the legislation to enable key reforms, particularly regarding confidentiality and disclosure provisions that currently restricted public access.
The regulator has backed the decision, emphasising that publishing the list must be done within the confines of the law.
“The regulator supports the minister’s decision fully. Sexual assault and gender-based violence are doubtlessly a scourge in South Africa and all legally sound actions must be taken to protect the vulnerable against such egregious violations of their rights to bodily integrity and human dignity,” the regulator’s spokesperson Mukelani Dimba said in a statement.
“Currently, the legislation providing for the compilation, maintenance and dissemination of the NRSO prohibits its publication.”
He said this was one of the issues discussed by the regulator and the department’s representatives during a meeting they held last month.
Dimba said an additional concern was the uncertainty surrounding the department’s approach to ensuring that the publication of NRSO aligned with the eight conditions for the lawful processing of personal information under the Protection of Personal Information Act.
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