Chairperson, hon members, my heart aches, and the pain makes my senses numb whenever I hear from the media that a baby - a child - has been raped. This is a serious state of affairs and it needs the involvement of all of us to fight this scourge.
At the end of 2005 it was reported that 50 children, including infants, are raped every day, and that in the period 2004 to 2005 55 114 cases of rape were reported in this country. What is disturbing is that 90% of child victims know their attackers and assaulters, who happen to be their relatives or friends of the family or neighbours and well-known community members.
In September 2006 it was revealed that children are now the victims of almost 50% of all rapes and attempted rapes in this country and that 20% of all these reported rapes were of children under the age of 11 years.
The Portfolio Committee on Justice and Constitutional Development has been working hard to amend the criminal law to ensure that these matters I have referred to above change or are at least on the decrease. It is also believed that this is in line with section 28 of the Constitution of South Africa, which provides that children have a right to be protected from maltreatment, neglect, abuse and degradation, therefore closing the gaps that existed in the criminal law.
I rise, therefore, upholding these requirements and therefore wish, from the outset, to inform you guys out there that this Bill is going to put a stop to the belief that you have an entitlement to sex or to sexually violate women and children.
The Bill does not create only guilt for offences, but also provides for the establishment of a national register for sex offenders.
The sexual offences Bill codifies common law offences and creates specific offences in respect of sexual penetration, sexual violation, sexual exploitation and sexual grooming of children. It criminalises the exposing and displaying of all sexual organs and pornography to children. It also criminalises the displaying of female breasts to children. I know women like to take their children to the bathroom sometimes. I think it is time now that they have to stop that. Otherwise they are going to be in danger.
The Bill makes it an offence to compel a child to watch a sexual act by another person or other persons or masturbation or engage in an act of sexual penetration in the presence of the child, or any other acts of sexual violation.
Children should not be used for pornographic purposes. We have seen or heard of teachers who, instead of teaching the children entrusted to them, take pornographic pictures. This is an offence and has to stop.
Juxtaposed to these offences that are created by the Bill, as I have indicated, is the national register of sex offenders. The register is a reinforcement to the Bill in that it ensures that whosoever has been convicted of a sexual offence against a child will be recorded in the national register.
This applies to offenders who have committed the offence either before or after the commencement of the Bill, whether this has been done inside or outside the Republic or whether a court had found him guilty before or after the commencement of the Bill.
The highlights of the national register for sex offenders are that anyone who has been convicted of a sexual offence against a child will not be allowed to continue in his job.
Perhaps I should clarify which institutions are targeted. These are all institutions where there are children under the age of 12 - this includes crches, day-care centres, hospitals and, most importantly, schools.
Think of how many cases have been reported of educators who sexually violate and sexually abuse children at schools. Only yesterday in the Cape Argus it was reported that 11 teachers in the Western Cape have been charged with sexually related offences against children.
The Bill provides that anyone found guilty of such an offence should have his services terminated immediately. The hon Minister of Education, Comrade Pandor - I'm sorry that she is not here - I think is being vindicated by this Bill in her attempts to clear the schools of rot.
Any employer will be required to apply for a certificate from the registrar who will be the custodian of the national register, which will show whether any potential employee is recorded in the register as having committed a sexual offence against a child. Likewise, any employee who fails to disclose that he - I don't know whether I should say "she" as I've never heard about the "shes"- was convicted for a sexual offence against a child, will have their services terminated immediately. Even if an employee discovers that another employee committed a sexual offence against a child, he should terminate the services of such an employee.
If for some reasons services cannot be terminated immediately, the employee must be removed from a position where they will gain access to children.
Another highlight of the Bill is that if an employer fails to comply with any of the provisions in the register he or she is guilty of an offence, and would be liable to conviction.
In conclusion, I want to say that there is no place to hide with all the details of sexual offenders that are going to be contained in the national register. These include details of court processes, dates, and places of jurisdiction, whether local or foreign. This Bill will go a long way to deter sexual offences against children. [Time expired.] [Applause.]