28 June 2025
Archive photo: Ashraf Hendricks
Department of Basic Education spokesperson Terence Khala responds to the article: Sex offenders in schools: how government botched a crucial learner safety project.
The vetting of educators and public service staff in schools is implemented to give effect to the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021. In terms of this Act, relevant employers are required to vet existing employees and prospective employees against the National Register of Sex Offenders (NRSO) to determine whether they are suitable to work with vulnerable persons or not.
The Employment of Educators Act No. 76 of 1998 stipulates that the head of department shall be the employer of educators in the service of the Provincial Education Departments (PEDs) in posts on the educator establishment of the department for all purposes of employment. All processes relating to the appointment of educators in a public school are a responsibility of a provincial education department.
The President assented to the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 on 28 January 2022. While the Act falls under the Ministry of Justice and Constitutional Development (DoJ&CD), the Department of Basic Education (DBE) has been monitoring compliance by PEDs, in relation to the vetting of employees.
Monitoring commenced in the second half of 2022 following engagements with DoJ&CD in May 2022. In 2022, the DBE, along with PEDs, in discussions with the DoJ&CD agreed that the vetting of educators and public service staff in schools is urgent in order to prevent the harm of learners. As such, the Basic Education Sector committed to attend to this urgent task on a project basis, prioritising current employees, while simultaneously making it a requirement for prospective employees to submit a confirmation that their particulars do not appear on the NRSO. Accordingly, PEDs were requested to draft implementation plans, which was assented to and all PEDs complied.
In reaching a determination that vetting was urgent and that it was must be prioritised as a project, a commitment was made to complete all the work within the shortest possible time, taking into account that the Basic Education Sector is the largest employer in the public sector with more than 500,000 employees, more than 80% of which are educators.
As a sign of commitment to the course, the Heads of Education Departments Committee committed to pay for the cost of vetting, despite severely constrained provincial education budgets. At the time of engaging with the DoJ&CD, a commitment was made that there was sufficient capacity in the DoJ&CD to meet the demands that will come from the educators and other employees in schools.
The success of the vetting project would rely on alignment and cooperation between PEDs (employers), South African Police Services (issuance of SAPS 69i reports) and DoJ&CD (issuance of NRSO certificates). Recognising the importance of these key stakeholders, the DBE is in ongoing engagements with the DoJ&CD through monthly meetings, where PEDs provide progress reports – these progress reports are used to provide updates to various structures and are presented as submitted, without any distortion – acknowledging importance of providing accountability to the public and relevant public institutions.
The DBE and the Minister continue to report honestly, including on the progress made, and on the challenges plaguing the process. These challenges have been reported to the media, Parliament and other stakeholders, in the interest of transparency and accountability to the public. By and large, the challenges have remained the same since the inception of the process.
In efforts to improve the speed of processing the applications from the more than 24,000 public schools, with more than 500,000 employees, to the police stations and subsequently to the DoJ&CD, the Minister of Basic Education met with the Minister of Police, where challenges reported by the employers to the DBE were presented. These were accompanied by proposals to assist with smoothening and speeding up the process as far as the role of the SAPS is concerned. One of the outcomes of the bilateral engagements between the Minister is that the two Departments have reviewed and updated the Collaborative Implementation Protocol between the Department of Basic Education and the South African Police Services. Part of this review is a provision made for the vetting of public school-based employees as far as the SAPS is concerned.
The Minister is committed to ensuring that all employees in schools meet the suitability requirements for working with vulnerable people and she is committed to fulfilling her legislative responsibilities as far as discharging the roles and responsibilities of her public office. Accordingly, the DBE will continue monitoring compliance by PEDs and to report truthfully and consistently on the progress made by the PEDs as employers.
The PEDs have discovered the 49 reported sex offenders through the vetting process. Steps have been taken to ensure that such employees do not have access to learners. In this regard, due process has to be followed. The DBE has sought a legal opinion in this regard, which informs the cause of action to be taken by PEDs when dealing with confirmed sex offenders appointed in schools by the state. Furthermore, the DBE has developed a Standard Operating Procedure on the Discharge of Educators whose Names Appear in the National Register for Sex Offenders and the National Child Protection Register. The standard operating procedure was developed in conjunction with PEDs.
In 2023, the DBE undertook steps to create awareness and provide clarity on the process which needs to be followed for the issuance of NRSO certificates. The NRSO content is on the DBE’s TeacherConnect WhatsApp bot. In the bot, there is information about: the NSRO (incl what the law says about SO); getting the Clearance Certificate; what it is; why you need it; how to apply; the documents you need; where you need to go; who to submit to.
This is linked to all new Teachers as well as Education Assistants and Principals. As of 9 June 2025, DBE’s TeacherConnect has over one million users who use the TeacherConnect WhatsApp bot and have access to this information. In addition, advocacy packs around how to drive users to this content were created and shared with Provinces so that they are able to disseminate the information as needed.
As part of discharging its legislated responsibility of providing monitoring, oversight and support to PEDs, the DBE advised PEDs to carry out advocacy activities. In response to this, various advocacy materials were produced and distributed to schools, for the attention of the principals and all employees. PEDs have also embarked on roadshows to create awareness and encourage compliance.
In the context of all the advocacy activities and endeavours by the DBE as a national department, and in conjunction with PEDs, there should not be any real confusion, as reported by GroundUp. Additionally, on the website of the DoJ&CD the process is explained in the simplest possible language. All the requirements are provided – any reporting of confusion comes across as an attempt to raise outrage against government and its efforts to protect South Africa’s children. Needless to say that government officials are members of the public and are parents of children of all ages, from Early Childhood Education to Grade 12. These children are not in less danger than any other child in our schools.
As of 13 June 2025, PEDs reported submitting 86,376 SAPS 69i reports to DoJ&CD for the issuance of NRSO certificates. Out of these applications, 38,580 NRSO certificates had been issued, accounting for 45% of the SAPS 69i submissions.
The DBE will continue to work with the PEDs, DoJ&CD and SAPS.
Monitoring will continue be conducted on an ongoing basis, including through the school readiness monitoring visits conducted by DBE officials at the beginning of every school year. The Department will also continue to report transparently and accurately to the public, public representatives in the National Parliament and through the media. It is not in the public interest to deliberately misrepresent facts as far as the vetting process and the progress thereof is concerned. The process is fraught with challenges, but the DBE remains committed to ensure compliance within the confines of its legislated mandate.