Experts warn of threat to rights
THE rising number of rape and abuse cases involving children has led to a child rescue nonprofit organisation calling for the National Register for Sex Offenders (NRSO) to be made available to the general public.
Tutela, which started the #SaveourChildren campaign, has also urged the Minister of Police, Bheki Cele, to ensure that child abuse and related offences were classified priority crimes, and that stricter sentences be imposed on those found guilty of sexual offences against children.
Tutela’s director of social services, Nicolette Myburgh, said they wanted to ensure the country’s children were protected.
She said sex offenders were discreet about having committed an offence, so no one would know.
Its online petition has garnered over 10 000 signatures and it will be handed to Cele’s office.
During a parliamentary reply last year, it was revealed that 41% of rape cases since 2015 involved children.
DA spokesperson on policing, Zakhele Mbhele, said 21% of child rape cases and 1 in 3 child murder cases resulted in convictions.
Research also found that more than 2 600 children were murdered, which constituted 5% of all murders investigated by police in that same period.
The police minister’s spokesperson, Reneilwe Serero, said they had not yet received the petition but were aware of the campaign and would look at Tutela’s demands.
There has been mixed reaction from various stakeholders to the plea that the sex offender register become a public document.
The acting director of Childline KZN, Adeshini Naicker, said it welcomed the proposal. She said while it acknowledged a person’s right to privacy, they believed all actions should be in the best interests of the child.
“Although this move will not eradicate child abuse, it will certainly give parents peace of mind that the people they have entrusted their children with are somewhat worthy of that trust.”
The president of Chatsworth Child Welfare, Logan Naidu, said: “The register being made public will benefit the community, which has seen many cases of sexual abuse against children over the years.
“There are also many repeat offenders who have been released and walk the streets, possibly endangering the life of another innocent child.”
Heinous crime
He said the courts should not treat lightly those found guilty of crimes against children.
“Those who do that heinous crime, even if it was just once, should face the consequences.
“They must live knowing their names are on the register, and they will be accessible to the public, especially parents.
“Our duty is to safeguard and protect our innocent children and not those who commit these crimes.”
Hannah Annie Varaden, of the Sahara Shelter for Abused Women and Children, added: “If you want to do a background check on the person transporting your child to school, an employee at a crèche, or perhaps a new Sunday school teacher, having access to this information is a parent’s right.”
However, a consultant in child protection, Joan van Niekerk, argued that the proposal could instigate vigilantism.
“This is a huge concern in South Africa, where communities take the law into their own hands in a bid to get revenge. This is unacceptable.”
She said the public should not regard the register as a solution for protection.
“The register does not have a full range of all those who have committed sexual offences; that is because the conviction rate on all cases is less than 1%. That means 99% of the alleged offenders would never appear in the register.”
The founder of Operation Bobbi Bear, which assists sexually abused children, Jackie Branfield, said South African parents were not ready for the register to be made public.
“We have an extremely violent society, especially when a child is raped.
“What we don’t want is functional parents now taking the law into their hands when they need to support their children.”
She suggested the country needed halfway houses, which kept those offenders who had completed their sentences.
“In the US, they are kept away from society in these halfway houses. This is some form of protection for women and children.
Harsher sentences
“But at the same time, our legislation needs to be re-looked at, and harsher sentences implemented.
“Five to 10 years are not enough for someone who has robbed a child of their childhood.”
The chairperson of the Law Society Criminal Law Committee, William Booth, said: “There is a great risk of abuse and violation of Constitutional rights, such as the right to privacy and dignity that would be unjustifiably violated, should the information be spread on social media.
“However, it would also be unfair to limit access to the register to any person of the public who has a genuine and reasonably justified reason for wanting access to the registry, and should be allowed to apply for same.”
● The National Register for Sex Offenders was established by an Act of Parliament in 2007. It is a record of the names of those found guilty of sexual offences against children and mentally disabled persons.
● The act expands the definition of rape to include all forms of sexual penetration without consent, irrespective of gender or age. It lists new sexual offences against children and mentally disabled persons which include sexual assault, sexual grooming, exposure to pornography, the creation of child pornography, flashing, and causing children to witness sexual assault.
● The register gives employers in the public or private sectors such as schools, crèches and hospitals the right to check that the person being hired is fit to work with children or mentally disabled people.
● If an employer at any time finds out that the name of an employee appears in the register, the employer must immediately terminate the employment of the worker, unless the person can be moved to another post which will not bring the worker into contact with a child or a person who is mentally disabled.
Source: www.saps.gov.za