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MINISTER OF BASIC EDUCATION IN CONTRAVENTION OF SEXUAL OFFENCES ACT

19 JULY 2009-"Innocent and vulnerable learners at schools are still not protected against “sex pest” teachers."

"Innocent and vulnerable learners at schools are still not protected against “sex pest” teachers."

ID Spokesperson for Basic Education, MP Haniff Hoosen has expressed shock at the lack of compliance on the path of the Minister of Basic Education for her non compliance with the Provisions of the Sexual Offences Act of 2007.

In response to a question submitted by MP Haniff Hoosen, the Minister confirmed that her department has not applied for clearance certificates from the Registrar of Sex Offenders, for the more than 380 000 teachers in her department. (The objects of the Sex Offenders register are intended to protect innocent children from Sex Offenders by operating and maintaining a register.)

This, notwithstanding her obligation in terms of section 45 (1) (b) of the Sexual Offences Act (which came into effect more than a year ago) under which she is obligated to do so. (listed below)

In her response, the Minister cited a delay by the Registrar in capturing the information, as the main reason for her non compliance.

“This once again proves what the ID has been complaining about for several years, that whilst Government has some good policies in place, they continuously fail on implementation. If Government cannot comply with their own laws, how then can they expect the nation to follow suit. What is of more serious concern is that our children remain exposed and are at risk to a minority of “sex pest” teachers at schools because the Department has failed to screen and “root out” serial sex offenders employed as teachers.” Says Hoosen

In the last year alone, more than 46 complaints of teacher-pupil sex abuse has been reported to the Western Cape Department of Education.

Last month, 5 teachers were suspended for allegedly having sexual relations with learners at Makhumbuza High School in Umlazi, Kwa Zulu Natal. One of these teachers face 17 criminal charges as well as a rape that allegedly occurred in the science laboratory.

Hoosen has also written a letter to the Minister of Justice calling on him to provide reasons for the delay of more than a year, in capturing the particulars of convicted Sex Offenders.


Extract from The Sexual Offences Act 2007

45. (1) Any employer who—


(b) from the date of establishment of the Register, intends employing an
employee, must, in the prescribed manner, apply to the Registrar for a
prescribed certificate, stating whether or not the particulars of the potential
employee are recorded in the Register.

(3) An employer who fails to comply with any provision of this section, is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding seven years or to both a fine and such imprisonment.


For media enquiries, please contact Haniff Hoosen MP 084 2000 460
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