Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

Regulations

Criminal Law (Sexual Offences and Related Matters) Regulations

Part II : Regulations on National Register for Sex Offenders under Section 53 of the Act

13. Powers, duties and functions of Registrar

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The powers, duties and functions of the Registrar shall include—

(a)receiving the particulars of persons contemplated in section 50(1)(a) of the Act from the Registrar of the High Court, the clerk of the court, the National Commissioner of Correctional Services, the National Commissioner of the South African Police Service and the Director-General: Health and, subject to section 50(3) of the Act, entering such particulars in the Register;
(b)receiving and processing applications for certificates contemplated in section 44 of the Act;
(c)issuing certificates;
(cA) receiving and processing of applications in order to determine whether or not the particulars of a person have been included in the Register, as contemplated in section 42(4) of the Act;

[Regulation 13(cA) inserted by section 2 of Notice No. R.2383, GG46736, dated 19 August 2022]

(cB) issuing a notification which corresponds substantially with Form 9A of Annexure B to the Regulations, regarding an application made in terms of section 42(4) of the Act;

[Regulation 13(cB) inserted by section 2 of Notice No. R.2383, GG46736, dated 19 August 2022]

(d)introducing security measures, including electronic security measures, to ensure the confidentiality of information contained in the data base of the Register and protecting such information from unauthorised access by any person;
(e)reporting, without delay, any unauthorised access to or tampering with any information contained in the data base of the Register to the South African Police Service;
(f)taking the necessary steps, with the assistance of the Directors-General: Justice and Constitutional Development, Foreign Affairs and Home Affairs and the National Commissioner of the South African Police Service, where necessary, to establish procedures in terms of which-
(i)the particulars of persons contemplated in section 50(1)(b) of the Act should be forwarded to the Registrar;
(ii)the Register must be regularly updated with regard to the particulars of persons contemplated in section 50(1)(b) of the Act; and
(iii)where necessary, the removal of particulars of persons contemplated in section 50(1)(b) of the Act,

with the view to advising the Minister accordingly for purposes of making regulations that give effect to such procedures;

(g)receiving and processing applications for the removal of the particulars of certain persons from the Register; and
(h) after consideration of the applications contemplated in paragraph (g), removing the particulars of certain persons from the Register.