Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)RegulationsCriminal Law (Sexual Offences and Related Matters) RegulationsAnnexuresAnnexure B : Forms: National Register for Sex OffendersPart II of Regulations: National Register for Sex OffendersForm 6 : Notification to employer of court order |
ADDENDUM TO THIS NOTIFICATION
| 1. | National Register for Sex Offenders: |
The Minister of Justice and Correctional Services has established a National Register for Sex Offenders containing particulars of persons convicted of any sexual offence or are alleged to have committed a sexual offence and who have been dealt with in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977.
| 2. | Implication of inclusion of particulars in Register: |
| 2.1 | A person who has been convicted of the commission of a sexual offence against a person who is vulnerable may not— |
| (a) | under any circumstances be employed to work with a person who is vulnerable; |
| (b) | hold any position, related to his or her employment, or for any commercial benefit which in any manner places him or her in any position of authority, supervision or care of a person who is vulnerable, or which, in any other manner, places him or her in a position of authority, supervision or care of a person who is vulnerable, or where he or she gains access to a person who is vulnerable, or places where persons who are vulnerable are present or congregate; |
| (c) | be granted a licence or be given approval to manage or operate any entity, business concern or trade in relation to the supervision over or care of a person who is vulnerable; or |
| (d) | become the foster parent, kinship care-giver, temporary safe care-giver, adoptive parent, or curator of a person who is vulnerable. |
2.2
| (a) | An employee in the employ of an employer must without delay disclose a conviction referred to in 2.1 above, to his or her employer. |
| (b) | An employee who applies for employment, must, if he or she has been convicted of an offence referred to in 2.1 above, disclose such conviction when applying for employment. |
| (c) | An employee who fails to comply with this obligation is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding seven years or to both a fine and such imprisonment. |
2.3
| (a) | A person who applies for approval to manage or operate any entity, business concern or trade in relation to the supervision over or care of a person who is vulnerable must disclose that he or she has been convicted of a sexual offence. |
| (b) | A person who contravenes the above obligation is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding seven years or to both a fine and such imprisonment. |
[Form 6 of Annexure B substituted by section 12 of Notice No. R.2383, GG46736, dated 19 August 2022]