SEX OFFENDERS WILL NOW BE REGISTERED

MBABANE – Sex offenders will now be known.

This follows the release of the much awaited Sexual Offences and Domestic Violence (SODV) Regulations, 2021 by the Deputy Prime Minister’s (DPM) Office. Following the release of the SODV regulations on July 23, 2021 a national register for all sex offenders which shall contain particulars of persons who have been convicted of sexual offences, will be established and this comes into effect on the date of publication in the gazette (July 23, 2021). The register will also contain a set of fingerprints of all persons whose particulars had been entered into it.

Implications

Some of the implications of inclusion of particulars in the register include that a person convicted of the commission of a sexual offence is obliged to disclose such information when applying for a job. The employee shall without delay disclose a conviction of a sexual offence to the employer if convicted. Sexual offenders may not be employed to work with a child or with a person who is physically or mentally challenged in any circumstances. A sexual offender can also not be granted a licence or be given approval to manage or operate any entity, business concern or trade in relation to the supervision or care of a child or a person who is physically or mentally challenged. They cannot also be allowed to be foster parents or become curators of a person who is mentally challenged. Also an employee shall without delay disclose a conviction of a sexual offence to the employer if convicted. According to the regulations, a registrar would first be appointed and officials in terms of regulation six who would have access to the data base of the register.

Offences

The registrar is supposed to be an admitted attorney of not less than 10 years of experience in the legal profession with extensive knowledge and experience in sexual offences and domestic violence laws. The registrar will also be appointed by the minister in accordance with the law governing the public service. Their duties include receiving particulars of persons in terms of Section 59 of the Act from the Registrar of the High Court, the clerk of the court, the Commissioner General of His Majesty’s Correctional Services, the national commissioner of the Royal Eswatini Police Service and the Director of Health Services and enter the particulars in the register. Further, the responsibilities include receiving and processing applications for certificates and issue them in terms of Section 64 and regulation nine.

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