SOUTH AFRICA

Cabinet gives nod to paedophile register

The establishment of a national paedophile register is part of a wide-ranging bill dealing with sexual offences approved by the cabinet. The bill will be tabled in parliament and will have to be approved by the National Assembly and the National Council of Provinces before it can be signed into law by the president. In terms of the bill a national register of sex offenders, with particulars of persons who have been convicted of sexual offences against a child, in or outside South Africa, must be established and maintained by the justice minister. The minister must designate a "fit and proper person", with due regard to his or her experience, conscientiousness and integrity, as the registrar of the national register.

The aim of the register is to have a record of those convicted of sexual offences against children and to prohibit certain types of employment relating to children or access to children. The bill provides for stiff sentences for anyone contravening this provision including a fine or jail term of up to seven years or both. The register will not be open to the public and only those provided for in the legislation will be able to apply for a certificate in respect of obtaining particulars included in the register. They would include a person who manages or operates a child and youth care centre, a partial-care facility, a shelter or drop-in centre, a cluster foster care scheme, a school, club, association or business providing services to or for children.

A person permitted to become the foster parent, kinship care-giver or adoptive parent of a child can also apply, as well as anyone who works in any of the South African Police Service units dealing with child protection, or employees of any institution established in terms of any law administered by the Department of Social Development and which relates to children. The bill also allows for the removal of particulars from the register.

A person who has been convicted of a sexual offence against a child and sentenced to a term of imprisonment without the option of a fine for a period of at least six months, but not more than 18 months, may on application be removed after 10 years has lapsed after the person was released from prison. Someone sentenced to six months imprisonment or less may appeal after seven years has lapsed after release from prison. Anyone convicted of any other form of lesser punishment can apply to be removed after five years. The bill also goes some way to ensure confidentiality of information and to guard against any person who wilfully or negligently discloses information they should not have, including a fine or jail sentence of up to three years or both.

By Angela Quintal
May 4, 2006

http://www.capeargus.co.za/index.php?fSectionId=49&fArticleId=3231077

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