The Criminal Law (Sexual Offences and Related Matters) Amendment Act (Amendment Act 13 of 2021), outlaws sexual exploitation and sexual grooming of children and persons with mental disabilities. It provides that perpetrators of any sexual offence against vulnerable persons be recorded in the National Register for Sex Offenders (NRSO).

An employer must take reasonable steps to prevent an employee whose particulars are recorded in the NRSO, from continuing to gain access to a child or a person who is mentally disabled, during his or her employment, including, where possible, to transfer such person from the post or position occupied to another post or position.

Provincial Education Departments (PEDs) are currently embarking on initiatives to ensure that all educators and staff employed in schools are vetted against the NRSO. The Heads of Education Departments Committee (HEDCOM), has agreed that the cost associated with this vetting will be carried by the PEDs. The cost of the “fingerprint report” (SAPS 69i) is R80.00 and PEDs have reported that the cost varies from one police station to another.

In terms of the implementation plan, all educators and staff working with children and people living with disabilities must be vetted by the end of December 2023. The Department holds bi-weekly meetings with PEDs to monitor progress, obtain feedback and provide updates on the progress being made and challenges encountered. This is also a standing item on the agenda of the HEDCOM Subcommittee on Human Resource Matters.

The process for vetting against the NRSO consists of five steps: An applicant will need to make an application for a SAPS Police Clearance Report (PCR). An applicant will then visit the nearest police station or Local Criminal Record Centre (LCRC) and complete a SAPS 69i and Fingerprint Form. The applicant will then collect the PCR within 15 days of application and present an ID / passport document upon collection. Once the SAPS PCR is received, the applicant must apply to the Department of Justice and Constitutional Development for vetting on the NRSO, a J38 form if applying for oneself or a J39 form if applying on behalf of someone else.