Acts Online
GT Shield

Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

Chapter 6 : National Register for Sex Offenders

45. Obligations of employers in respect of employees

 

(1)        Any employer who—

(a) at the date of commencement of this Chapter, has in his or her employment any employee, may from the date of establishment of the Register, in the prescribed manner, apply to the Registrar for a prescribed certificate, stating whether or not the particulars of the employee are recorded in the Register; or
(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.

 

(2)

(a)        An employer shall—

(i) subject to paragraph (d) not continue to employ an employee contemplated in subsection (1)(a); or
(ii) not employ an employee contemplated in subsection (1)(b),

whose particulars are recorded in the Register.

(b) An employer who, during the course of an employment relationship, ascertains that the particulars of an employee contemplated in subsection (1)(a) has been recorded in the Register, irrespective of whether such offence was committed during the course of his or her employment, must, subject to paragraph (d) immediately terminate the employment of such employee.
(c) Notwithstanding paragraph (d) an employer must immediately terminate the employment of an employee who fails to disclose a conviction of a sexual offence or that he or she is alleged to have committed a sexual offence and who has been dealt with in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977, as contemplated in section 41.

[Section 45(2)(c) substituted by section 18 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]

(d) An employer must take reasonable steps to prevent an employee whose particulars are recorded in the Register from continuing to gain access to a person who is vulnerable, in the course of his or her employment, including, if reasonably possible or practicable to transfer such person from the post or position occupied by him or her to another post or position: Provided that if any such steps to be taken will not ensure the safety of a person who is vulnerable, the employment relationship, the use of services or access, as the case may be, must be terminated immediately.

[Section 45(2)(d) substituted by section 18 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]

 

(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.