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to provide enforcement measures for the prosecution of hate crimes and hate
speech, it is even pertinent that employers should sensitize staff and create an
environment within which discriminatory, abusive and hateful conduct is not
tolerated and the necessary policies and procedures are in place to deal with
such conduct, should it arise.

Be careful not to employ convicted sex
offender in jobs near children

May 2018

“I’m establishing a new day care centre and am recruiting employees to work
in the centre. I recently heard of another day care that had big problems when
Labour they unwittingly employed a convicted sex offender at the day care. I want to
avoid a similar situation and was wondering what I should do in this regard?”
A National Register for Sex Offenders (NRSO) was established in June 2009 by
the Department of Justice and Constitutional Development under the Criminal
Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007
to assist in curbing the prevalence of sexual offences in South Africa against
children and mentally disabled people. The NRSO records the names of those
found guilty of sexual offences against children and mentally disabled people
and seeks to ensure that offenders do not work with children or mentally
disabled people.

The content of the National Register is not public, but an employer running
for example a day care centre or crèche will be able to apply for a clearance
certificate to confirm that an employee is not listed on the register. At present,
the issuing of clearance certificates or verifying individuals for any purpose is
not yet operational. Until such a clearance certificate can be requested, it is
recommended that employers for the interim request prospective employees to
declare on affidavit that they have not been convicted of such an offence. In
addition, an employer can also consider requiring that prospective employees
obtain a police clearance certificate.
It should also be noted that in terms of the Children’s Act, No. 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 listed 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. To establish whether the person’s name appears

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