The objects of the Register are to protect persons who are vulnerable against sexual offenders by—
[Words preceding Section 43(a) substituted by section 15(a) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]
(a) |
establishing and maintaining a record of persons who— |
(i) |
have been convicted of a sexual offence, whether committed before or after the commencement of this Chapter and whether committed in or outside the Republic; or |
(ii) |
are alleged to have committed a sexual offence in respect of whom a court, whether before or after the commencement of this Chapter— |
[Section 43(a)(i) and (ii) substituted by section 15(b) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]
(aa) |
in the Republic has made a finding and given a direction in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977; or |
(bb) |
outside the Republic has made a finding and given a direction contemplated in subparagraph (aa) in terms of the law of the country in question; |
(b) |
informing an employer applying for a certificate as contemplated in this Chapter whether or not the particulars of an employee contemplated in section 45(1)(a) or (b) are contained in the Register; |
(c) |
informing a licensing authority applying for a certificate as contemplated in this Chapter whether or not the particulars of an applicant contemplated in section 47 are contained in the Register; and |
(d) |
informing the relevant authorities dealing with fostering, kinship care-giving, temporary safe care-giving, adoption or curatorship applying for a certificate as contemplated in this Chapter whether or not the particulars of an applicant, as contemplated in section 48, have been included in the Register. |