The Commission studied the accuracy of the CPR to see if it reflected all the offenders convicted of committing crimes against or involving children (these animals need to be recorded as being unsuitable to work with or have contact with children).
Shockingly the Commission found that this register was not kept up to date. Failure to properly implement the CPR weakened the framework for the protection of children. It also resulted in a violation of section 28 of the Bill of Rights. Section 28 states that “every child has the right to be protected from… neglect, abuse or degradation”.
The CPR was created by law and calls for the names of persons who are found unsuitable to work with or have contact with children, to be added to Part B of the CPR, to ensure children are protected from such persons.
The unsuitability finding usually results after conviction in criminal proceedings in relation to offences involving children. This includes crimes such as murder, attempted murder, rape, indecent assault or assault with intent to do grievous bodily harm with regard to a child; which are highly prevalent in South Africa.
Once a person’s name is recorded in the register, they are prevented from working with or near children. In this way the CPR provides a useful means through which employers are able to vet potential employees, by checking their names against entries on the register.
Three departments were included in the Commission’s investigation. They were: the Department of Social Development as the primary implementer of the Children’s Act, the Department of Women Children and People with Disabilities (DWCPD) as the oversight department on matters relating to children, as well as the Department of Justice and Constitutional Development (DOJ).
The Commission also recorded that court officials had not been sufficiently trained and shown how to carry out functions to enable DSD to update the register. The Commission noted that the DSD itself had experienced severe resource constraints which impacted on its ability to fully maintain and implement the register.
The Commission recommended that both the DSD and DOJCD report back before the end of this year how it will update the CPR and maintain the updates. The Department of Women Children and Persons with disabilities was asked to increase the policing of the CPR.
The Department of Justice and Constitutional Development was requested to develop a comprehensive programme for training and sustained awareness of all relevant Court officials of their supposed duties make sure the CPR is updated and accurate and to report on interim measures it would put in place to ensure findings were made and submitted to the DSD.
