Older Persons Act, 2006
R 385
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)Chapter 6 : National Register for Sex Offenders48. Obligations in respect of applications for fostering, kinship care-giving, temporary safe care-giving, adoption of children or curatorship |
| (1) | 3A relevant authority may not consider an application or approve the appointment of a person as a foster parent, kinship care-giver, temporary safe caregiver, an adoptive parent or curator without having determined, by way of an application to the Registrar for a prescribed certificate, whether or not the particulars of such person have been recorded in the Register. |
| (2) |
| (a) | A person who, after the commencement of this Chapter, applies to become a foster parent, kinship care-giver, temporary safe care-giver, an adoptive parent or a curator, and whose particulars are included or are to be included in the Register, must disclose that he or she has been convicted of a sexual offence or that he or she is alleged to have committed a sexual offence and has been dealt with in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977. |
| (b) | A person referred to in paragraph (a) who fails to comply with paragraph (a), is guilty of an offence and is liable on conviction to a fine or to imprisonment not exceeding seven years or to both a fine and such imprisonment. |
| (c) | A child who is in the custody and care of a person contemplated in paragraph (a) must, as soon as reasonably possible, be removed from the care of such person in accordance with Chapter 9 of the Children’s Act, 2005 (Act No. 38 of 2005). |
[Section 48(2) substituted by section 21 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]
| (3) | Any relevant authority or person who intentionally contravenes any provision of this section, 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. |
| 3 | In the matter between the Child Welfare South Africa and Registrar of the National Register for Sex Offenders and Another (Case No. 68184/09), the North Gauteng High Court, Pretoria issued the following order: |
| '1. | A relevant authority as defined in section 40 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 need not comply with section 48(1) of that Act unless and until the National Register for Sex Offenders is fully operational and functional for purposes of section 48 (1). |
| 2. | When the National Register for Sex Offenders is fully operational and functional for purposes of section 48 (1), the second respondent shall publish a notice indicating such in the Government Gazette and shall notify all Children's Court Commissioners accordingly. ...'. |
See GenN 1670 in GG 32850 of 29 December 2009 for the order in its entirety.
