Why is South Africa’s National Register for Sex Offenders still not public?
· The South African
Minister of Justice and Constitutional Development, Mmamoloko Kubayi, faces renewed pressure to open South Africa’s National Register for Sex Offenders (NRSO) to the public.
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Build One South Africa (BOSA) member of Parliament, Nobuntu Hlazo-Webster, challenged Kubayi this week to explain what had happened to legislative amendments aimed at expanding public access to the NRSO.
“Minister, ucasha ngesithupha [you are trying to hide the obvious],” Hlazo-Webster posted on X.
Minister, @mmkubayi ucasha ngesithupha.
— Nobuntu Hlazo-Webster MP (@NobuntuSA) September 16, 2026
On 11 February 2025, you committed to legislative amendments to make the Sex Offenders Register publicly accessible.
In April 2026, your reply to my parliamentary question stated that the amendments were drafted and circulated for… https://t.co/SyzS7Rl1y2
Kubayi first backed changes to the law during the State of the Nation Address debate on 11 February 2025.
She told Parliament that government planned to amend the confidentiality and disclosure provisions of the Sexual Offences Act to make the NRSO publicly accessible.
SEX OFFENDERS REGISTER AMENDMENTS DRAFTED
In April 2026, Kubayi confirmed in a written parliamentary reply to Hlazo-Webster that officials had drafted amendments and circulated them for comment.
The proposed changes target provisions governing the confidentiality and disclosure of information contained in the National Register for Sex Offenders.
Kubayi said the department had reviewed the Criminal Law (Sexual Offences and Related Matters) Amendment Act and identified provisions that would need to change before government could allow broader access.
The legislative process had not been completed at the time of her reply.
Civil society group Action Society said on 9 September that no certified Bill had yet been published, no proposed legislation had been gazetted for public comment and government had not announced a date for tabling the amendments in Parliament.
SEX OFFENDERS REGISTER REMAINS CLOSED TO PUBLIC
South Africans still cannot freely search the National Register for Sex Offenders, which records the particulars of people found guilty of sexual offences against vulnerable persons, such as “children and mentally disabled people”, according to the justice department.
Employers in sectors such as schools, crèches and hospitals must check whether people they employ to work with vulnerable persons appear on the register. Certain authorities and individuals can also request information in circumstances allowed by law.
Ordinary members of the public do not have unrestricted access to the database.
WHY HAS GOVERNMENT NOT PUBLISHED THE NRSO?
Kubayi initially intended to make the register public by the end of February 2025.
However, Justice Ministry halted that plan after identifying legal restrictions in the Sexual Offences Act.
On 1 March 2025, the ministry said confidentiality and disclosure provisions prevented it from publishing the register as originally planned. It then started consultations on changes to the legislation.
The Office of the Chief State Law Adviser later advised that government could not make the register generally available under the existing law.
Section 52 prohibits and criminalises the publication of information contained in the register except where the Act permits disclosure or a competent court orders it.
Kubayi subsequently directed the department to pursue legislative amendments that would allow broader access while complying with constitutional requirements.
PRESSURE MOUNTS OVER DELAYS
The delay has continued to draw pressure from politicians and civil society organisations seeking greater access to information about convicted sex offenders.
Action Society recently called for a system that would allow parents and caregivers to establish whether a person with access to their children had been convicted of a sexual offence against a child.
Hlazo-Webster has now turned the focus back to the amendments Kubayi confirmed in April.
Her latest challenge centres on how far the process has progressed and when government plans to bring the proposed changes before Parliament.
For now, South Africa’s NRSO remains closed to the general public while government works on the legal changes required to expand access.