Public release of the NRSO: Educators to get first look

Image source: stockking from Freepik

The NRSO is set to be made public at the end of February. However, Kubayi stated that because of privacy laws (such as the Protection of Personal Information Act), "you're not going to wake up at end of the month and have access to the register as an ordinary citizen".

Phasing in

Instead, the department will be implementing a phased-in approach and will first release the NRSO to institutions that deal with children - this includes all schools, early childhood development (ECD) centres, as well as the South African Council for Educators (SACE).

This major change brings ease of access, as previously those in the Department of Basic Education would have to apply for a clearance certificate to ensure a potential hire was fit to work with children.

These applications required the following:

• A fully completed and signed form 8A by the person who is applying on behalf of another
  
• This application is in the form of a sworn affidavit which must be completed by the applicant (a person who is submitting an application on behalf of another)
  
• A certified copy of an ID / passport of the person on whose behalf an application is submitted
  
• A certified copy of an ID / passport of the person who is applying on behalf of another
  
• A fingerprint clearance report of the person on whose behalf an application is submitted (SAPS 69(i) - obtainable from the SAPS at a cost of R80, although costs reportedly vary from one police station to another)
  
• Written consent from the person under inquiry, approving the disclosure of their personal information to the third party
  
• Full forwarding postal/physical address, contact numbers, email address or any contact details of a person who is applying on behalf of another

While NRSO applications are said to take up to 10 days to process, the police clearance report required for the application can take up to 6-8 weeks.

Talent Acquisition

How to check if potential employees are sex offenders

20 Apr 2018

Phase 2

"The second phase would be amending the legislation," Kubayi continued, "so that we can remove the confidentiality clause, so that all employers that need [it] can have direct access to the register."

Among other things, the PoPI Act protects information about a person's criminal history, and so making this information publicly available will be in direct violation of this law.

Kubayi, however, argued that "we've got to protect children over perpetrators and sexual offenders" in accordance with child protection laws, and so emphasised the need to ensure that this information is legally made available without infringing on constitutional rights.

One of the questions she anticipates will be argued during this process is: "Which law supersedes which?"

Should the protection of personal information supersede the protection of children? Kubayi believes it should not.

Data & Analytics

What employers need to know about PoPIA

Kirsten Eiser & Shane Johnson  19 Aug 2020

Protection of minor offenders

In terms of minors convicted of sexual offences, Kubayi stated the department will advocate to have their names protected from public release as per the Child Justice Act and Criminal Procedure Act.

She said these minor offenders have usually been victims of abuse themselves; there are processes in place to help rehabilitate them, and so they should be treated differently to adult perpetrators.

View this full interview below: