The Registrar of the High Court has implemented a Register of Convicted Sexual Offenders under the Sexual Offences (Dangerous Offenders DNA Data Bank) Regulations, 2008.

The Registry will make available a sensitive category of data to the public and is one of the government responses to rising cases of sexual offenses.

Access to the registry is limited by law to select officers who include Advocates.

The following information on convicted sexual offenders will be maintained in the register:

- names,

- date of birth,

- nationality,

- physical description - sex, race, height, weight, eye colour, hair colour, scars, tattoos or other marks or characteristics,

- photo,

- fingerprint,

- address including work,

- the offense,

- the sentence,

- age of and relationship with victims,

- prior convictions,

- details of offense,

- whether convict is dangerous - this is a matter of fact.

Impact of the Registry

It is important that organizations appreciate the significance of this development to HR Policies & Procedures.

Once fully implemented, this registry will have an impact, both formally and informally (read employee gossip).

There are certain areas that organizations will need to reflect upon with their counsel arising from this latest development:

• Do employers owe a duty of care to employees, to be aware of intended hires sexual histories particularly sexual convictions?

• If an employer is aware that an employee is a registered sex offender and the employee later commits a sexual assault in the employer's premises, will the employer be liable for failing to provide a safe workplace arising from possible negligent hiring and negligent retention?

• Is there need to update recruitment documentation / Codes of Conduct / employment manuals to extend the scope of pre-hire due diligence to include this check for purposes of suitability for employment assessments and for continued employment?

• Are their limits to how this information may be used and with whom it may be shared, particularly by those who have been granted primary access to the Registry?

• Can employers terminate employment on the basis of past convictions. Can current employment law provisions support termination on the basis of an employee's past and current criminal conduct?

• Having regard to the extended impact of existing legal provisions afforded by this Registry, Is there need to review the procedures and processes associated with sexual harassment within the workplace.

It is important for organizations to obtain independent legal advice on the above issues and consult with their legal partners in order to obtain specific advice.

This article is for information purposes only and is not intended to provide legal advice. For more information on this issue or other legal services please contact us at info@mzizi-africa.com

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