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Children's Act, 2005 (Act No. 38 of 2005)

Regulations

General Regulations Regarding Children, 2010

Chapter 7 : The National Child Protection Register (Sections 111-128 and 142(g)-(k) of the Act

Part II : Part B of National Child Protection Register

45. Removal of name from National Child Protection Register

 

(1)
(a) An application to the Director-General for the removal of a person's name and information from Part B of the National Child Protection Register based on an erroneous entry as contemplated in section 128(2)(b) of the Act must be accompanied by an affidavit by such person and must be in a form identical to Form 31.
(b) The Director-General must notify the applicant of the outcome of an application contemplated in paragraph (a) within 21 working days of receipt of the application by way of a form determined by the Director-General.

 

(2) An application to a court for the removal of a person's name and any information relating to that person from Part B of the National Child Protection Register in terms of section 128(3) of the Act, unless the application is based on an erroneous entry of that person's name and information in the National Child Protection Register—
(a) must be accompanied by proof of the rehabilitation of that person, which must include—
(i) a report, obtained at the applicant's own cost, compiled by a psychologist or psychiatrist duly registered or deemed to be registered in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), or a social worker registered in terms of the Social Service Professions Act, 1978, to the effect that the applicant has been rehabilitated and is unlikely to commit another act or offence similar to that which has led to the inclusion of the applicant's name in Part B of the National Child Protection Register;
(ii) an outline of the steps taken by the applicant to rehabilitate himself or herself since the time of entry of the applicant's name in Part B of the National Child Protection Register;
(iii) an official document obtained from the South African Police Service confirming that the applicant has not been convicted of any offence in relation to a child during the period that the applicant's name had been included in Part B of the National Child Protection Register up until the time of making the current application; and
(iv) an affidavit by the applicant that no proceedings with regard to the maltreatment, abuse, deliberate neglect or degradation of a child are pending against him or her in any court or administrative forum at the time of making the current application; and
(b) may only be lodged, in the case where that person—
(i) has been convicted of an offence in relation to a child, which conviction gave rise to the inclusion of that person's name in Part B of the National Child Protection Register, and sentenced to—
(aa) a term of imprisonment, periodical imprisonment, correctional supervision or to imprisonment as contemplated in section 276(1)(i) of the Criminal Procedure Act, 1977, for a period of at least six months without the option of a fine, whether the sentence was suspended or not, after a period of 10 years has lapsed after that person has been released from prison or the period of suspension has lapsed;
(bb) a term of imprisonment, periodical imprisonment, correctional supervision or to imprisonment as contemplated in section 276(1)(i) of the Criminal Procedure Act, 1977, for a period less than six months without the option of a fine, whether the sentence was suspended or not, after a period of seven years has lapsed after that person has been released from prison or the period of suspension has lapsed;
(cc) any other form of lesser punishment or compliance with an order of court, after a period of five years has lapsed since the inclusion of that person's particulars in Part B of the National Child Protection Register;
(ii) is alleged to have committed an offence in relation to a child, which alleged offence gave rise to the inclusion of that person's name in Part B of the National Child Protection Register, in respect of whom a court has made a finding and given a direction in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977, after a period of five years has lapsed after that person has recovered from the mental illness or mental defect in question and is discharged in terms of the Mental Health Care Act, 2002 (Act No. 17 of 2002), from any restrictions imposed upon him or her.

 

(3) In considering an application in terms of section 128(3) of the Act and subregulation (2), the court—
(a) may direct the applicant to submit such other information as the court may consider necessary in order to satisfy it that the applicant has been rehabilitated;
(b) may require the applicant to be evaluated by an additional registered psychologist or psychiatrist or social worker designated by the court, at the applicant's own cost or at state expense in the case of an indigent applicant;
(c) may have regard to evidence submitted by or on behalf of the victim of the incident or act that led to the inclusion of the applicant's name in Part B of the National Child Protection Register; or
(d) may cause the application to be investigated by a designated social worker, psychologist or psychiatrist; and
(e) must have due regard to the provisions of section 128(4) of the Act

 

(4) The clerk or registrar of the court, as the case may be, must notify the Director General in writing, in a form identical to Form 32, of the finding of the court regarding an application for the removal of a person's name and information from Part B of the National Child Protection Register within 14 days of such finding, upon which the Director-General, if the application for removal had been successful, must cause the name and information to be removed forthwith.

 

(5) The Director-General must notify each person of the removal of his or her name and information from Part B of the National Child Protection Register upon the direction of a court within 14 working days of such removal by way of a form determined by the Director-General.