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

Regulations

Criminal Law (Sexual Offences and Related Matters) Regulations

Part II : Regulations on National Register for Sex Offenders under Section 53 of the Act

19. Removal of particulars from Register

 

(1) Any person falling in any category contemplated in section 51(1) of the Act, may apply for the removal of his or her particulars from the Register by submitting an application form that must correspond substantially with Form 10 in Annexure B.

 

(2) The Registrar may only take steps to remove the particulars of a person from the Register on receipt of an application referred to in subregulation (1).

 

(3) The Registrar may only remove the particulars of a person from the Register if—
(a) the period referred to in section 51(1)(a)(i) to (iii) or 51(1)(b) of the Act has lapsed; and
(b) the National Commissioner of the South African Police Service has confirmed in writing that there is no pending charge relating to a sexual offence pending against the person concerned,

and must provide the person with a form which corresponds substantially with Form 11 of Annexure B to the Regulations.

[Regulation 19(3)(b) substituted by section 5 of Notice No. R.2383, GG46736, dated 19 August 2022]

 

(4) Any record, whether in electronic or other format, must immediately be destroyed once the particulars of a person have been removed from the Register.