Employers keen to see office up, running - BE
MBABANE – Employers are also keen on seeing the register start functioning. This is after the Business Eswatini (BE) Chief Executive Officer (CEO) Nathi Dlamini said their members have a vested interest in seeing the office up and running.
Moreover, the register will inform relevant authorities dealing with fostering, care-giving, and adoption of children whether or not the particulars of any applicant have also been included. Dlamini said some of their members can be found mainly in the education and the non-governmental organisation (NGO) sectors.
BE said the registers presence could ensure the protection of survivors of sexual offences, particularly children or persons who have a disability.
BE said this could be done by informing employers who apply for a certificate confirming whether or not the particulars of employees or prospective employees are recorded in the register.
³Section 57(C) provides for the establishment of a National Register of Offenders for convicted sexual offenders, as a means to protect victims of sexual offences, particularly children or persons who are physically or mentally disabled by informing employers applying for a certificate confirming whether or not the particulars of employees or prospective employees are recorded in the Register.
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³It is worth noting that employers may immediately terminate the employees whose names are recorded in the register during the course of employment, or where an employee has failed to disclose a conviction of a sexual offence,” Dlamini said.
BE said that there might be a conflict that was created for the establishment of the register.
He referred to the amendment of the Criminal Procedure and Evidence Act, Amendment Act No. 12 of 2018, saying that the pronouncement of this law that previous convictions shall not apply as per the dictates of the SOD9 Act.
³It is interesting to note that the same year the SOD9 Act was passed, an amendment to the Criminal Procedure and Evidence Act was made through Amendment Act No. 12 of 2018. Section 287 provides that the 9alidity of a previous conviction of an adult shall not apply for purposes of education and employment. At face value, it appears that the Amendment created a conflict in the law. Go figure!” he said.