How Will National Register For Sex Offenders Affect Employment In South Africa?
Nozipho Mvulane
How Will National Register For Sex Offenders Affect Employment In South Africa?
The National Register for Sex Offenders (NRSO) affects employment in South Africa in several significant ways, particularly in industries involving vulnerable individuals. The NRSO will be published and available to the public later in the 2025 year. Below is an analysis from a labour law perspective.
Restrictions on Employment Opportunities
The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 prohibits individuals listed on the NRSO from working with children and mentally disabled persons. This primarily impacts jobs in education, healthcare, social work, security, and childcare sectors. Employers in these fields must vet potential employees to ensure they are not listed in the NRSO before hiring them.
NRSO gives employers in the public or private sectors such as schools; crèches and hospitals the obligation to check that the person being hired is fit to work with vulnerable persons. Being found guilty of a sexual offence against vulnerable persons will result in one’s name being put on the NRSO. The Register seeks to ensure that offenders do not work with vulnerable persons.
Employer Obligations and Workplace Safety
Employers are legally required to screen applicants and avoid hiring individuals on the NRSO if the job involves vulnerable people. Failure to comply may lead to legal consequences, including fines or reputational damage. This can enhance workplace safety but also creates ethical concerns about rehabilitation. There are forms available on the NRSO website where prospective employees can fill and request their personal information insofar as the NRSO is concerned.
In terms of section 44 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, an application for a certificate can be made to verify whether a prospective employees details appear on the NRSO. An application for such a certificate can be made by:
- an employer in respect of an employee;
- a licensing authority in respect of an applicant;
- a relevant authority in respect of an applicant;
- an employee contemplated in respect of his or her own particulars;
- a person contemplated applying for a licence or approval to manage or operate any entity, business concern or trade in relation to the supervision over or care of vulnerable persons in respect of his or her own particulars;
- a person applying to become a foster parent, kinship care-giver, temporary safe care-giver or adoptive parent in respect of his or her own particulars; or
- any person whose particulars appear on the Register in respect of his or her own particulars.
A fingerprint report of applicant must be attached to the application for the certificate. A fingerprint report can be obtained from any South African police station.
Working with Children
Similarly, there is also the National Child Protection Register which was enacted in terms of section 126 of the Children’s Act 38 of 2005. In this instance, employers offering services which allow for access to children must, before employing a person, establish from the Registrar of the National Child Protection Register whether or not the potential employee’s name is on Part B of the National Child Protection Register. If the potential employee’s name appears on the Register, he or she will not be allowed to work in an environment which allows for access to children, since persons whose names appear on that register have been found unsuitable to work with children by the court.
The main difference between the two registers is that one is geared towards children (National Child Protection Register) and then the other is geared towards children and the vulnerable (NRSO).
Impact on Employee Rights and Rehabilitation
Being listed on the NRSO can permanently damage employment prospects, even outside restricted professions. Many employers may refuse to hire a registered offender, even in unrelated fields. This raises questions about constitutional rights, fair labour practices, and rehabilitation vs. punishment. However, the law needs to balance those against the rights of the most vulnerable.
Conclusion
The NRSO has a necessary protective function, but its indefinite employment restrictions raise labour law and human rights concerns. A balanced approach is needed—protecting vulnerable groups while ensuring fair employment opportunities for rehabilitated individuals.
Article Disclaimer
This article is not intended to provide legal advice. This article is a general information sheet and should not be used or relied on as legal or other professional advice. This article is based on research regarding laws and may be subject to change. No liability can be accepted for any errors or omissions nor any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).
