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Snags with register puts children at risk

VULNERABLE: Children in many rape cases tend to be most vulnerable to the acts of strangers or close family members. PHOTO: Lucky Nxumalo
VULNERABLE: Children in many rape cases tend to be most vulnerable to the acts of strangers or close family members. PHOTO: Lucky Nxumalo

INEFFICIENCIES and communication breakdowns in the judiciary and the Department of Social Development might be putting countless children who are victims of rape at risk because the names of alleged abusers do not yet appear on the Child Protection Register.

The Department of Social Development said it was dependent on the courts and professional bodies to forward information to them for inclusion on the CPR.

But cases reported do not always end up in convictions, and the number of convictions do not match with findings made by courts that such criminals should be restricted from contact with minors. A court has to order that the name be added to the register.

There are two parts to the register, part A and B. Part A contains court-ordered names added to the register and part B names supplied by professionals who have interaction with children.

At the end of last year 28,274 people were on the CPR - the total number since the inception of the CPR in 2004.

"When people are convicted of child abuse related offences it does not mean they will automatically be placed on the Child Protection Register that is kept by the Department of Social Development.

"Following the conviction of any person for child abuse related matters, a separate legal process must unfold to establish their unsuitability to work with children, in accordance with the country's laws," the Department of Social Development's Lumka Oliphant said.

According to Oliphant, 421 people have been convicted, but the department has only 116 names of persons found unsuitable to work with children.

She said a total of 32,101 enquiries had been made by employers and individuals to establish whether certain names are in the register.

The number of screenings have increased substantially, with 798 applications screened in the 2010-11 year, 11,191 in the 2011-12 year and between April 1 and September 30 last year, a massive 19,199 applications were screened.

"The register also requires that every person who works or has access to children must be screened," she said.

According to the Children's Act a person must be found unsuitable to work with children on conviction of murder, attempted murder, rape, indecent assault or assault with the intent to do grievous bodily harm with regard to a child.

Below is a list of professionals and bodies who on reasonable grounds conclude that a child has been abused in a manner causing physical injury, sexual abuse or are deliberately neglected. They are required by law to report the conclusion they make in a prescribed form to a designated child protection organisation, the provincial department of social development or a police official:

- Any correctional official, dentist, homeopath, immigration official, labour inspector, legal practitioner, medical practitioner, midwife, minister of religion, nurse, occupational therapist, physiotherapist, psychologist, religious leader, social service professional, social worker, speech therapist, teacher, traditional health practitioner, traditional leader or member of staff or volunteer worker at a partial care facility, drop-in centre or child and youth care centres.

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