CHECKLIST FOR PERSONS APPLYING FOR CERTIFICATES IN RESPECT OF PARTICULARS FROM THE NRSO
Did you know that the National Register for Sex Offenders (NRS0) Certificates are now available from our PROVINCIAL OFFICES and our services are FREE?
Any person seeking to apply for the NRSO certificate, can now do so by submitting their applications to any of our Provincial Offices and our officials will gladly assist.
A. For persons applying for a Certificate by person in respect of own particulars on a J738 form [Form 7 – Regulation 17 (1)]. This form is submitted by people who are checking their own particulars in the National Register for sex offenders.
B. For persons submitting an application for certificate by person/licensing authority/relevant authority in respect of particulars of another on a J739 form [Form 8- Regulation 17(2)]. This form must be submitted by persons who are submitting an application on behalf of another and persons who seek to apply for adoption, foster-care, kinship caregiving etc.
C. For persons submitting an application to determine whether particulars of a person have been included in the National Register For Sex Offenders on a J958 [FOrm 8A - Regulation 18A(1)]. This form must be submitted by any person who is applying on behalf of another to determine whether the particulars of that person have been included in the National Register for sex offenders.
D. For persons submitting an application for removal of particulars from Register on a J741 [Form 10 - Regulation 19]
This form must be submitted by any person who seek to have their details or who are applying to have their details removed from the national register for sex offenders.
NOTE: Services in respect of applications for removal of particulars from the NRSO are only available at National Office and no other official of the Department of Justice & Constitutional Development has been delegated with such functions by the Registrar. Also note that the process of removal is interdependent on confirmation letters from SAPS.
Follow this link to the NRSO forms page for the check list.
NOTE: ALL DOCUMENTS SUBMITTED MUST BE LEGIBLE, meaning we must be able to clearly see what is written.
Minister Kubayi explains who'll get sexual offenders register first, Newzroom Afrika, 25 Feb 2025.
The cornerstone of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007 (SORMAA), is the National Register for Sex Offenders (NRSO). As part of curbing the prevalence of sexual offences in South Africa, the Department of Justice and Constitutional Development has, in terms of Chapter 6 of the Act, implemented the National Register for Sex Offenders on 31st July 2021.
National Register for Sex Offenders (NRSO) aims to stop the spate
of incidents against children and mentally disabled people:
The NRSO was established by an Act of Parliament in 2007.
The Amendment Act, amendment 13 of 2021 has extended the scope of protection to vulnerable persons.
It is a record of names of those found guilty of sexual offences against vulnerable persons.
The register gives employers in the public or private sectors such as schools; crèches and hospitals the obligation to check that the person being hired is fit to work with vulnerable persons.
Being found guilty of a sexual offence against vulnerable persons will result in one’s name being put on the National Register.
The Register seeks to ensure that offenders do not work with vulnerable persons.
Convicted sex offenders are also not allowed to apply for foster care or adoption, or to work with children.
Employers have a legal obligation to ensure that particulars of an individual placed in charge of vulnerable persons are vetted against the NRSO.
INQUIRY BY EMPLOYER TO THE NATIONAL CHILD PROTECTION REGISTER AND THE NATIONAL SEX OFFENDERS REGISTER
The National Child Protection Register -
In terms of section 126 of the Children’s Act, 2005 (Act 38 of 2005) employers offering services which allow for access to children must, before employing a person, establish from the Registrar of the National Child Protection Register whether or not the potential employee’s name is on Part B of the National Child Protection Register. If the potential employee’s name appears on the Register, he or she will not be allowed to work in an environment which allows for access to children, since persons whose names appear on the Register have been found unsuitable to work with children by the court.
In order to establish whether the person’s name appears in Part B of the Child Protection Register, the employer should complete a Form 29, which they can obtain from the Department of Social Development, and send it to CPRenquiries@dsd.gov.za. The contact number for the Registrar is 012 312 7554/ 7727 (Customer Care).
The National Sex Offenders Register -
The Criminal Law (Sexual Offences and Related Matters) Amendment Act, amendment (Act 13 of 2021) have similar provisions providing for the National Sex Offenders Register which records the names of persons who have been convicted of charges of sexual offences committed against vulnerable persons. These persons are similarly not permitted to work with or have access to vulnerable persons.
The employer should complete a Form 8 (Annexure B of the Regulations), which they can obtain from the Department of Justice and Constitutional Development.
For enquiries contact the office of the National Register for Sex Offenders on 083 444 1336 or via email: nrso@justice.gov.za.
REPORTING AN OFFENCE TO THE POLICE
Go to the Police
Go to your nearest Police station
You can ask a friend or a family
member to go with you.
Fill out a statement
The Police will take down
everything you tell them in the
form of a statement.
You are allowed to make changes
to the statement.
Get a case number
Do not forget to get a case number
from the Police Officer.
This number will be used to
monitor updates on the case.
Medical Examination
When reporting to the police, he/
she may ask for a medical person
to carry-out an examination.
The findings will be included in
your case file.
Contact Details
Don’t forget to give the Police
Officer all your contact details:
Address, Telephone numbers.
Even when you move, inform the
Police so that they can keep you
informed.
Q1. Is there a sex offender register, administered by the Department of Justice and Constitutional Development, in place as prescribed by the Sexual Offences Act?
Yes, there is a register used to record the details of all offenders who have been convicted of a sexual offence against children and mentally vulnerable persons. This is the database which is administered by the Department of Justice and Constitutional Development. This database is only accessible directly by the National Registrar for Sex Offenders and indirectly by the South African Police Service, the Department of Correctional Services, the Department of Health and the Department of Social Development.
Q2. What is the National Register for Sex Offenders?
The National Register for Sex Offenders is a database containing particulars of persons:
convicted of any sexual offence against a vulnerable persons;
alleged to have committed and convicted of a sexual offence against vulnerable persons or persons with a mentally disabled in respect of whom a court, has made a finding and given a direction that the offender is mentally unfit to stand trial.
Q3. Who are the vulnerable persons?
A child or a person with a mental disability e.g. a person under the age of 18 years or a person diagnosed with a long term or recurring mental impairment such as mental disorder involving disturbance of thinking, emotional regulation, or behaviour.
A female under the age of 25 years who receives tuition at an institution of higher learning or receives vocational training at any training institute, or as part of their employment; or lives in a students’ residence e.g. University female students, females attending training at an institution such as Technical and Vocational Education & Training colleges.
A person who is being cared for in a shelter that provides services to victims of crime e.g. a person who is accommodated at a special place of safety (domestic violence).
A person with physical, intellectual or sensory disability, who receives community-based care and support services, other than from a family member, from a facility or lives in such facility to receive such servicese.g. a person who is visually impaired or using a wheel chair as means movement due to paralysis of his or her legs.
An older person who receives community-based care and support services, other than from a family member, or lives in facility or building to receive such care and services e.g.Men and women over the age of 60 years who receives food, attending extramural programmes or receiving medication in a civil society organisation.
Q4. What is the purpose of the National Register for Sex Offenders?
It is to protect children and persons who are mentally disabled against sexual offenders by establishing and maintaining a record of persons who –
have been convicted of a sexual offence against a child or a person who is mentally disabled whether committed in or outside the Republic or
alleged to have committed a sexual offence against a child or a person who is mentally disabled in respect of whom a court has made a finding and given a direction that the offender is mentally unfit to stand trial.
Q5. Who is responsible for the management of the National Register for Sex Offenders?
The Minister of the Department of Justice and Constitutional Development establishes and maintains the Register.
The National Registrar for Sex Offenders administers the National Register for Sex Offenders.
Police, Department of Correctional Services, the Department of Health and the courts nationwide submit the relevant information for the registration of offenders.
Q6. What type of information must be contained in the National Register for Sex Offenders?
Personal details: offender’s title, full names and surname, including any known alias or nickname where applicable, the profession or trade;
Contact details: the last known physical address, any contact details, including a postal address where applicable;
the identity number, passport number and driver’s licence number where applicable;
the type of sexual offence for which the offender has been convicted and whether or not it was committed against a child or a person who is mentally disabled, the sentence, as well as the relevant prisoner identification number where applicable;
the court in which the trial took place and the case number;
the name of the medical institution or medical practitioner of a person and details of the sexual offence allegedly committed by a person who has been alleged to have committed a sexual offence against a child or a person who is mentally disabled in respect of whom a court, has made a finding and given a direction that the offender is mentally unfit to stand trial.
any other particulars as may be prescribed by regulation; and
if the conviction and sentence took place in a foreign jurisdiction, contain as far as possible the equivalent information as obtained from the relevant country or any other legal source.
Q7. What sexual offences are placed on the Register?
All offences of a sexual nature against vulnerable persons are placed on the Register. Anyone found guilty of any sexual offence against vulnerable persons will be placed on the Register.
Q8.What types of offences that are punishable via the Courts and the Register?
All sexual offences are punishable by law with inclusion on the Register as one of the consequences. It includes rape, compelled rape, Sexual assault, compelled sexual assault, Sexual grooming, Child pornography, Child prostitution, Exposing or displaying or causing the exposure or display of genital organs, anus or female breasts to a person 18 years or older (flashing), Bestiality, Sexual intimidation and Incest.
Q9.What is the idea behind putting names of offenders on the Register?
The Register aims to protect vulnerable persons from sexual offenders found guilty of an offence. It seeks to ensure that anyone found guilty of a sexual offence does not work with vulnerable persons. In terms of the law, such people are also deemed unfit to apply to become forester parents or adopt children.
Q10.Is it true that a number of teachers are on the Register?
This statement may be true, however, it could not be confirmed since many teachers said to have committed sexual offences against vulnerable persons, have not been found guilty in a court.
Q11.What does the presence of ones particulars mean for people working with vulnerable persons, such as teachers, nurses etc?
it means that vulnerable persons would be safer if those names are checked against the Register before hiring staff, and those found to be on the Register should not be employed until their names are removed from the Register.
Q12. How can ones particulars be removed from the Register?
Particulars of an individual may be removed from the Register if such person qualifies to have his/her particulars to be removed e.g. Periods to qualify for the removal of particulars from the Register have been doubled: the particulars of a person— (a) who—:
has been sentenced for a conviction of a sexual offence to a term of imprisonment, periodical imprisonment, correctional supervision or to imprisonment, without the option of a fine for a period of at least 16 months but not exceeding eighteen months, whether the sentence was suspended or not, may, on application, be removed from the Register after a period of 20 years has lapsed after that person has been released from prison or the period of suspension has lapsed; and
No removal from NRSO: The Act still prohibits the removal of particulars of a registered sex offender from the Register if such convicted sex offender is sentenced to an imprisonment of 18 months and more, or is a repeat convicted sexual offender.
Q13. How will the public benefit from the Register?
Vulnerable persons will be protected from sexual offenders. Potential employees must check if the person they are hiring particulars are not on the Register and if such person’s particulars are found to be on the Register, then the convicted person shall not work with vulnerable persons.
Q14. Is the registration of an offender in the register a violation of the Bill of Rights?
No, the National Register for Sex Offenders complies with the Bill of Rights and the information contained in the register is treated with utmost confidentiality.
Q15. What Sexual Offences may be committed against children and persons who are mentally disabled?
Rape
Compelled rape
Sexual assault
Compelled sexual assault;
Compelled self-sexual assault
Acts of consensual sexual penetration with certain children (statutory rape)
Acts of consensual sexual violation with certain children (statutory sexual assault)
Compelling or causing children to witness sexual offences, sexual acts or self-masturbation
Exposure or display or causing of exposure or display of genital organs, anus or female breasts to children
Sexual exploitation of children and persons with mental disabilities;
Sexual grooming of children and persons with mental disabilities;
Exposure or display of or causing exposure or display of child pornography or pornography to children or persons with mental disabilities;
Using children or persons with mental disabilities for pornographic purposes or benefiting there from.
Bestiality
Sexual intimidation
Incest
Q16. Is the National Register for Sex Offenders accessible to the public?
The Register is not open to the public and is kept confidential.
Anyone found guilty of sexual offence against vulnerable persons is placed on the Register.
It can be accessed by an individual applying for a clearance certificate will have access to the information contained in the National Register. It is a criminal offence for anyone to disclose or publish information contained in the National Register.
Q17. May members of the public enquire about the details of entries (e.g. type of offence, date committed, sentences, etc.) or the movements of the sex offenders?
Yes, only if those members of the public fall in the category of Employers, a Relevant Authority (department of state or administration in the national, provincial or local sphere of government; other functionary or institution exercising a power or performing a duty in terms of the Constitution of the Republic of South Africa, 1996),
an employee in respect of her own particulars,
a person applying for a license or approval to manage or operate any entity,
a person applying to become a foster parent, applying for kingship care-giving, temporary safe care-giving, adoption or curatorship and
any person whose particulars appear on the Register in respect of his or her own particulars.
Q18. What is a clearance certificate?
A clearance certificate is a certificate issued to an applicant confirming whether or not his particulars are contained in the Register.
Q19. How can a clearance certificate be obtained from the Registrar?
A clearance certificate can only be made available to the applicant by way of application to the Registrar in the prescribed manner.
Any person seeking to apply for the NRSO certificate, can do so by submitting their applications to any of our Provincial Offices and our officials will gladly assist.
People applying for employment, entity registration or clearance certificates, are advised that, in addition to the acquisition of a SAPS 69 (i) Fingerprint Clearance, to also disclose to their employers (on affidavit) that they have never been convicted of a sexual offence against a vulnerable person. This is provided for in terms of Section 46(1), (2) and (3) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Amendment Act 13 of 2021. This affidavit, must be placed in the employee's file to be utilised at a future date once the Register becomes fully operational.
SAPS 91(a)
An applicant must first complete this form at SAPS offices. Advise SAPS official that you are applying for a SAPS 69(i) and not for a SAPS 365.
This form is not to be submitted to the NRSO office for the purpose of applying for clearance from NRSO.
SAPS 69(i): Fingerprint Clearance Report
The required fingerprint report is a SAPS system generated document advising if the applicant has been convicted or has pending cases.
If an individual has no criminal record, the SAPS69(i) will have only one page.
This report is essential as it would also advise if there are any pending cases against the applicant.
This form must be submitted to the NRSO office.
SAPS 365: Clearance Certificate
NOT REQUIRED FOR THE PURPOSE OF NRSO!
This has past or decided outcome and doesn’t advise on possible pending cases.
Q20. Is it possible to disclose or publish any information contained in the Register?
No one including the Registrar is allowed to disclose or publish any information contained in the Register including the names of convicted offenders.
Any unauthorised disclosure or publication amounts to a criminal offence.
The National Registrar or any other person assisting him or her in the exercise and performance of his or her powers may not disclose any information which he or she has acquired in the exercise of the powers, performance of the functions or carrying out of the duties and functions conferred upon, assigned to or imposed upon him or her.
It is a criminal offence to misuse data contained in the Register either by persons authorised to have access to it or by third parties who may acquire information from the Register.
Access to this personal information is tightly controlled and used for purposes of affording maximum protection to all vulnerable persons.
Q21. May members of the public, or school governing bodies, enquire whether an individual is in the Register?
Yes, employers who have employed officials working with children in their cause of employment may establish by way of application to the Registrar whether their employees are in the register as required in terms of the Act.
Q22. What are the obligations of employees?
An employee (working with vulnerable persons) in the employ of an employer at the commencement of this Chapter, who is or was convicted of a sexual offence against vulnerable persons, irrespective of whether or not such offence was committed or allegedly committed during the course of his or her employment, must without delay disclose such conviction or finding to his or her employer.
Q23. What are the implications of having one’s details added in the Register?
The implications of having one’s details included in the Register is that such a person may not be allowed work with vulnerable persons or have access to them.
Q24. Once a person’s details are in the Register, can they be removed?
Yes, the details contained in the Register can be removed by way of application to the Registrar. However; this will only depend on the type of sentence received upon conviction. Some details may not be removed.
Q25. What must an employer do if a staff member’s name is on the register?
If an employer at any time finds out that the name of an employee appears in the register, the employer must move that employee to another post which will not bring the worker into contact with vulnerable persons. In the event this is not possible, the employer will be required to terminate the employment contract.
Q26. What does the register expect of employees?
Honesty! An employee found guilty of a sexual offence against vulnerable persons must tell an employer about the ruling. In terms of the Criminal Procedure Act, the employee must tell his/her new employer about the court decision when applying for a job. Not telling an employer about a court decision in respect of sexual offence could lead to one getting a fine or imprisonment, or both. A person who does not reveal that he/she has been found guilty of an offence and applies for permission to run a business or organisation working with children or mentally disabled persons is breaking the law.
Q27. Who is an employer?
An employer refers to any public or private
organisation, including any club, person, or
association that hires staff who, as part of their
job, are placed in a position where: they work with vulnerable persons, they take charge of, or are
involved in looking after a child, vulnerable persons,
and/or they have access to vulnerable persons, or
work in places where vulnerable persons gather.
Questions and Concerns?
We welcome your questions and comments. For more information about the National Register for Sex Offenders, please contact the Department of Justice and Constitutional Development.
NRSO Enquiries: The Registrar: Ms Ntombizodwa Matjila
Private Bag X81, Pretoria, 0001
Tel:
083 444 1336,
E-mail: nrso@justice.gov.za
National Register for Sex Offenders (NRSO) Posters