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

Chapter 6 : National Register for Sex Offenders

43. Objects of Register

 

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.